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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant, by deceiving the victim that he/she may bring about "I business rights" can be fully recognized that he/she acquired money from the victim as investment proceeds.
The judgment of the court below which acquitted the defendant is erroneous.
2. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone, based on the facts and circumstances stated in its holding, cannot be deemed as proven beyond reasonable doubt.
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and it is not sufficient to recognize the facts charged of this case even in light of the witness Q andO's testimony at each court court. Thus, there is no error of law by mistake of facts alleged by the prosecutor in the judgment below.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.