The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant requested a payment order against the victim without the victim's awareness that he is D's partner, and the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of facts

2. The lower court, based on the detailed circumstances in the item of “2. Determination” in the judgment, found that the Defendant, on the sole basis of the evidence submitted by the prosecutor, knew that the cause of the claim was clearly false at the time of the application for the instant payment order, or attempted to manipulate evidence.

For the reason that it is insufficient to see it, the instant charges were acquitted.

In addition to the evidence submitted by the prosecutor of the evidence duly admitted and investigated by the court below, the facts, circumstances, and judgment of the court below are justified, and the evidence submitted by the prosecutor alone alone is sufficiently proven to the extent that there is no reasonable doubt as to the facts charged.

shall not be deemed to exist.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in law.

Therefore, the prosecutor's assertion is without merit.

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