The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor in the records of this case, the judgment of the court below which acquitted the defendant on the facts charged of this case, despite the sufficiently recognized intention to commit the crime of defraudation based on the date and time stated in the facts charged of this case, is erroneous in the misapprehension of legal principles

2. According to the evidence duly admitted and examined by the court below, the circumstances stated by the court below and the balance of the amount exceeding 1,350,000 won stated in the bank account operated by the defendant as of February 5, 2014, which are the date and time stated in the facts charged of this case. In light of these circumstances, the court below's finding a not guilty of the facts charged of this case is justified, and it does not seem to be erroneous in the misapprehension of legal principles or misconception of legal principles as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(4) However, Article 25(1) of the Rules on Criminal Procedure provides that “A victim shall be deemed to be a clerical error of “victim E” as stated in the judgment of the court below.