The prosecutor's appeal is dismissed.

1. The summary of the facts charged in this case, which the court below acquitted, is as follows. A.

On August 26, 2014, the Defendant, by fraud, by telephoneing the victim C at a place which was not a policeman on August 26, 2014 and selling and selling a house located in Seoul because the company’s circumstances make it difficult to do so, and if the credit card payment is extended to only KRW 10 million, the house would sell and sell the house. Even if the house is not sold, the Defendant would first repay the card payment by November 2014, and then pay five million won by dividing the credit card payment by five million won per month.”

However, there was no real estate or other property owned by the defendant, and there was no intention or ability to repay the apartment by selling it to the victim even if it was borrowed money from the victim due to the lack of the fact that the apartment was offered to the defendant's mother's apartment.

Nevertheless, the Defendant, as seen above, received 10 million won from the victim to the national bank account (E) in the name of the Defendant’s mother-friendly D at an infinite place (hereinafter referred to as “Cheongju-si”) around August 26, 2014.

B. On January 2, 2015, the criminal defendant by fraud, on or around December 30, 2015, means that "the defendant shall receive the Fme money, and F shall not be able to immediately pay the money by receiving the payment from the customer as a bill from the customer," and the victim shall again call the victim at a non-permanent place on the same day, and "I may pay the money by January 20, 2015, while I may pay the money to the public official in Sejong City, I may pay the money by January 20, 2015," and the head of the Tong shall also be established at a non-permanent place on January 2, 2015.