The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error and the misapprehension of legal principles) is erroneous in misapprehending the legal principles that the court below acquitted the victim of the facts charged in this case, and thereby adversely affected the conclusion of the judgment, even though the defendant conspired with B about the vehicle management entity and the method of payment of installments by deception.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) The court below acquitted the Defendant of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone cannot be deemed as deceiving the victim company in collusion with B, etc. on the ground that it is difficult to view that the Defendant conspired with B, etc., on the basis of the circumstances in its holding.

If the reasoning of the judgment below is closely compared with the records, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles alleged by the prosecutor

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.