The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts) states that, in the case of a lease agreement without any deposit, the Defendant obtained the consent of an international asset trust, a trustee, under the trust agreement, that “a lease with a deposit for lease is subject to the consent of an international asset trust, but a lease agreement with no deposit for lease has the right to independently conclude a contract without the consent of an international asset trust.” The Defendant made the victim advance payment that is close to KRW 100 million.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court determined as follows: (a) summary of the facts charged;

2. The defendant's assertion;

3. In determining the defendant's assertion of the facts charged in the instant case under the title of "judgment", the court found the defendant not guilty on the ground that the defendant and the victim's statement at each investigation agency and the court below, witness L, P, and T were written in detail, and in light of such circumstances, the victim cannot have an opposing power against the trustee because of a lease without the trustee's prior consent, rather than having entered into a contract with the defendant only when the victim is aware that he/she has the right to lease from the defendant. However, even if he/she bears such risk, he/she would have an intention to use and take profits from the contract with the defendant by paying a discounted fee before he/she actually becomes clear.

Examining the above facts and judgments by comparing them with records, the judgment of the court below is justified, and there is an error of law by misunderstanding the facts alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is not accepted.

3. As such, the Prosecutor’s appeal is without merit, and thus, the Criminal Procedure Act.