The prosecutor's appeal is dismissed.

1. According to the evidence submitted in the summary of the grounds for appeal, although the defendant could be found guilty of the facts by deceiving the victim as stated in the facts charged, and the court below found the defendant not guilty of the facts charged in this case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. Determination

A. A. Around September 11, 2008, the summary of the facts charged in the instant case, the Defendant, at the coffee shop located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong, concluded a false statement to the effect that “The Defendant would make a contract for removal works to the company where the Party works until November 18, 2008, by purchasing the land outside of 3 lots of land in Seocho-gu, Young-gu, Seoul (hereinafter “instant land”).

However, the defendant did not purchase the above land, and there was no intention or ability to proceed with the project due to the lack of money in possession.

Around September 12, 2008, the Defendant, by deceiving an employee of the victim, received KRW 20 million from the victim’s account in the name of the Defendant.

In this respect, the defendant deceivings employees of the victim and received property from the victim.

B. On the grounds indicated in its reasoning, the lower court, based on the evidence presented by the prosecutor, deceiving the victim as shown in the facts charged.

The Defendant was not guilty of the facts charged on the ground that there is no other evidence to prove that the Defendant had the intent of deception, such as the facts charged, at the time of remitting KRW 20 million from the victim.

In full view of the circumstances in the reasoning of the court below acknowledged by evidence, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.