The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (in fact-finding assertion), it can be acknowledged that the Defendant, as stated in the facts charged in the instant case, by deceiving the victim, obtained one vehicle of G tank lorri vehicle (hereinafter “instant vehicle”) and fraudulently acquired the victim.

2. In full view of the circumstances based on the judgment of the court below, comprehensively taking account of the following circumstances acknowledged by evidence duly adopted and investigated by the court below and the court below, the evidence submitted by the prosecutor alone is hard to recognize the criminal defendant's fraud and there is no other evidence to acknowledge it.

Therefore, the decision of the court below that acquitted the Defendant of the facts charged of this case is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

The Defendant asserted that the Defendant lent the instant vehicle as collateral to the victim and refused to return the said vehicle without returning the money borrowed by the victim, and that the victim did not intend to return the vehicle even if he/she was paid the money later at the time when he/she lent the money with the consent of the victim to sell the vehicle after the expiration of the due date.

B. On February 26, 2012, following the Defendant’s transfer of the instant vehicle to the Defendant as collateral, the victim sent letters and notes to the Defendant to request the Defendant to return the said vehicle. However, at the time, the Defendant refused to return the said vehicle, and the Defendant stated that the Defendant was in a preparatory state, stating that the Defendant was able to recover the said vehicle from the said money and to change the vehicle to N with her “30 million won.”

C. 1 N at the site of the Defendant’s lending of the instant vehicle to the victim as security is different from the victim’s above statement at the trial.