The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the court below is insufficient to prove the facts charged, even though the defendant could sufficiently recognize the fact that the defendant deceivings the victim as stated in the facts charged by deceiving the victim of KRW 70

The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. The lower court, based on the evidence submitted by the prosecutor, proved that the evidence alone submitted by the prosecutor proves that the Defendant, as stated in the facts charged, had a reasonable doubt as to the fact that the Defendant had deceptioned the victim or had a criminal intent to defraud the Defendant.

It is difficult to see otherwise, and on the grounds that there is no other evidence to acknowledge this, the lower court acquitted this part of the charges.

Examining the evidence of this case closely in light of the records, even if a witness H’s statement was presented in this court, which was additionally examined in the trial, the above judgment of the court below is just and acceptable, and there is an error of law of misunderstanding of facts as alleged by the prosecutor.

It does not seem that it does not appear.

Therefore, this part of the prosecutor's argument cannot be accepted.

3. The appeal by the prosecutor of the 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.