The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal and the statement of a consistent victim, it is recognized that the defendant acquired 5 million won to the victim under the pretext of installing a parking lot blocking.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged on a different premise. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is a person who served as the head of the headquarters in C, a construction executor on the third floor of the building B in the Eastdong-gu.

At around 15:00 on August 26, 2018, the Defendant concluded that “The Defendant would install a parking lot blockingr directly as if it was installed at the main construction company first to B, 500,000 won of the cost of installing a parking lot blockingr,” to the victim E (ma, 63 years of age) at the coffee shop next to the parking lot due to the Doro-dong D Building in Busan, Dongdong-gu, Busan.

However, even if the victim receives money, there was no intention or ability to install a parking lot blocking system.

On August 28, 2018, at around 14:00 on August 28, 2018, the Defendant, by deceiving the victim as above, received cash KRW 5 million from the victim under the pretext of installing parking lots blocking in the office of the Do building.

B. The lower court determined that, in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant deceivings the victim, thereby deceiving the victim, and there is no other evidence to acknowledge otherwise.

① Article 9(1) of the parking lot management service contract entered into between the F Company and the victim provides that “The victim shall not transfer to another person the rights and obligations of this contract without prior approval of the F Company,” and Article 12(1) of the said contract.