The prosecutor's appeal is dismissed.

1. A summary of the grounds for appeal (misunderstanding of facts) ① The remainder except for “C” itself, which is a general responsibility for the organization of telephone financing fraud of this case, which was first reported by F, is almost identical to the Defendant’s appearance, and the expression “C” can be seen as due to individual experience or expression differences. ② According to the Defendant’s interview recording, etc., it can be known that the Defendant is called “P”, which is the same as the separate name of the total book reported by F, ③ failure to conduct a general examination or a black book method between the Defendant and F was due to the fact that F did not respond to the summons of investigative agency while negotiating with the Defendant. However, even if the F meeting recording was made by the Defendant, the lower court acquitted the Defendant of the facts charged, considering the fact that the Defendant was aware of the Defendant’s interview with the Defendant, the lower court, which is the part of the charge of fraud.

2. In full view of the following circumstances, which can be seen through the evidence duly adopted and examined by the court below, along with the various circumstances properly explained by the court below, the court below's determination that the whole liability of the telephone finance fraud crime organization in this case, which is called "C", cannot be readily determined, is just and acceptable, and there is no error of misunderstanding of facts as pointed out by the prosecutor.

Therefore, prosecutor's argument cannot be accepted.

(1) The phrase “C” can be deemed to be the most important and distinctive part of the appearance of “C” initially known by F.