The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (definitely negligent) the accused can be recognized as a criminal intent by fraud.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, is to be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction, insofar as the Defendant does not make a confession. Meanwhile, the recognition of guilt ought to be based on evidence with probative value so that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the benefit of the Defendant, which is a subjective element of the crime of fraud, even if there is no such evidence

B. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for its determination.

C. Examining the evidence duly adopted and examined by the court below and the court below in light of the record, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below that acquitted the public prosecutor of the facts charged of this case on the same purport did not err by misapprehending the legal principles as alleged by the public prosecutor.

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.