The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant made the instant transaction without paying a deposit in the form of futures trading through a futures account lending company; (b) the Defendant received a total of KRW 1.7 million from “F in a short term under the pretext of event; (c) the Defendant deposited the deposit money, etc. into an account in the name of an individual, not in the company’s name; (d) returned KRW 3 million for compensating for losses from “F”; and (e) the Defendant, as a police officer, has experience in doing futures trading in the past, is in a position that makes it easy to distinguish the virtual trading site; and (e) the Defendant recognized that it is a virtual trading site without any “F”.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts.

2. Determination

A. In full view of the circumstances as indicated in its reasoning, the lower court found that the Defendant was aware of the fact that the “F” site was a virtual transaction site without any actual transaction, without any reasonable doubt.

On the ground that it is insufficient to view the facts charged in this case, the Defendant was acquitted.

B. Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and acceptable, and there is a prosecutor's error of mistake of facts as alleged in the grounds for appeal.

It is not recognized.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.