The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, despite the fact that the defendant acquired money from the victim under the name of program development costs without intent or ability to develop the program indicated in the facts charged, the judgment of the court below which acquitted the defendant of the facts charged,

2. Summary of the facts charged and the judgment of the court below

A. A. Around July 2008, the summary of the facts charged (1) the Defendant made a false statement to the effect that, at the E company office of the victim D operation of the Geumcheon-gu Seoul Metropolitan Government Building C, “DB construction work is required, search and color program development is required.”

However, even if the defendant receives the program development cost from the victim, he did not have the intent or ability to develop the program necessary for the business of the E company.

Nevertheless, the Defendant, by making a false statement to the victim and presenting a false written contract as if the Defendant entered into a development contract with the East F with the Defendant’s East F, deceiving the victim, and then, he, around July 31, 2008, remitted KRW 2,901,00 from the victim to the bank account in the name of F to the program development cost.

(2) On July 2009, the Defendant made a false statement to the effect that “A program development is needed to be used to carry out a project for building DB of the Child Care Policy Development Institute” to the victim at the E company office, and that “A program development was left” was false to the victim around August 7, 2009.

However, even if the defendant receives the program development cost from the victim, he did not have the intent or ability to develop the program necessary for the business of the E company.

Nevertheless, the Defendant, by deceiving the victim as above, received 4,835,000 won from the victim to the bank account in the name of F under the pretext of program development expenses around August 7, 2009.