The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor, such as the progress of the instant construction at the time when the Defendant drafted a written consent for direct payment to the victims, the creditors G Co., Ltd. as debtors, the status of claims provisional seizure against D Co., Ltd. as the garnishee, the degree of recognition of the Defendant, the victims’ statement of the developments leading up to the continued progress of the instant construction, etc., the Defendant may fully recognize the fact that, even if the victims completed the construction, the Defendant, even if he did not have the intent or ability to directly pay the construction price to the victims, by deceiving the victims and preparing a written consent for direct payment, and allowing D Co., Ltd. to continue the remaining construction to obtain pecuniary benefits.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone that the defendant committed a fraudulent act against the victims, resulting in the victims' mistake, thereby doing property disposal.

It cannot be readily concluded that there was a criminal intent to obtain fraud by the Defendant at the time, and there is no other evidence to acknowledge it, so there is no error of mistake of facts in the judgment below that acquitted the Defendant of the facts charged in this case as alleged by the

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