The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the defendant will give the victim a total right without the intention or ability to grant the victim a total right to purchase (right to sell the monopoly equipment in Incheon area).

20,000,000 won was paid to the victim by deceiving the victim.

Recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged is erroneous by misapprehending the legal principles and thereby affecting the conclusion of judgment.

2. The following circumstances acknowledged by the above evidence and the witness D and G’s statements in the reasoning of the court below acknowledged by the evidence duly admitted and examined by the court below, i.e., that D had the meaning of selling singing machines only through itself in the Incheon area from the defendant to the general sales right of Incheon branch office, which is the meaning of selling singing machines only through himself in the Incheon area.

However, in light of the fact that the contract prepared between the defendant and the management of a branch and there is no indication of exclusive right to sell, D considered that the circumstances are the same as that of the general sales office and the branch office equally, but that the evidence submitted by the prosecutor alone is insufficient to explain persuasively, the facts charged of this case is proved to the extent that there is no reasonable doubt.

It is difficult to see

The judgment of the court below is just and there is an error of law by misunderstanding the facts alleged by the prosecutor or by misunderstanding the legal principles.

shall not be determined.

3. In conclusion, 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.