The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime as to the fraud, violation of the Subsidy Management Act, and violation of the Framework Act on the Construction Industry.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of deception in fraud, the former Subsidy Management Act (amended by Act No. 14524, Jan. 4, 2017) and the Framework Act on the Construction Industry.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.