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 of the facts charged of this case, even though it can be sufficiently recognized that the defendant's act of not notifying it constitutes a deception in the crime of fraud, is erroneous in the misunderstanding of facts, since it is important part of the above delivery contract as to whether the production area of the balone seed supplied by the defendant in accordance with the contract for the supply of the balone seeds of this case concluded with the pool-gun Office of Incheon Metropolitan City.

2. The lower court determined on the grounds of the circumstances stated in its reasoning, solely based on the evidence submitted by the prosecutor on the records of the instant case, constitutes deception.

In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below found the defendant not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and there is no error of law of misunderstanding of facts, such as the prosecutor's assertion in the judgment below, in addition to the condition that "it is a healthy seed and seedling produced in natural conditions, and it is not a foreign seed and seedling such as China's North Korea."

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

3. In conclusion, the prosecutor's appeal 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.

However, it is obvious that the “49,99,200 won” in Part 5 of the judgment of the court below is a clerical error of “449,99,200 won”.