The prosecutor's appeal is dismissed.

1. According to the records of the grounds for appeal, although the defendant could be found to have deceiving the victim as stated in the facts charged and acquired at least seven million won or at least three million won paid to K from the victim, the court below acquitted all of the facts charged in this case. The court below erred by misapprehending the facts contrary to the rules of evidence, thereby affecting the conclusion of the judgment.

2. The summary of the facts charged stated that on September 18, 2006, the Defendant at the G office located in the fourth floor of the Seocho-gu Seoul Metropolitan Government F building, the victim E (the age of 35) stated that “The 700,000 won is required to purchase the front car, and the delivery of the front car is required to pay the profits after receiving the delivery of the front car on the front page.”

However, even if the defendant receives money from E, he did not have the intention or ability to use the money as the cost of receiving the last car.

As above, the Defendant deceptioned E and received 7 million won from E, namely, from E, for vehicle delivery.

3. As to the above facts charged, the lower court found the Defendant not guilty on the grounds that the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and that there is no other evidence to acknowledge it, in full view of the following circumstances, i.e., (i) the Defendant received KRW 7 million from the victim as expenses, such as registration tax, etc., for the delivery of the instant vehicle, such as the Defendant’s prosecutor’s statement, (ii) L who was in charge of the accounting affairs at the time submitted a statement consistent with the Defendant’s statement, and (iii) the Defendant did not use money personally.

4. In addition to the above circumstances properly stated by the court below in the decision of the political party, even if it is based on the complainant E’s assertion (written in the complaint), the complainant shall be seven million won in the name of the delivery money of the vehicle of this case.