The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (fact-finding) victim F's legal testimony and each part of the defendant's investigation agency's statement, considering the fact that the defendant was aware that the purchase price to be paid by the victim F was only 50 million won at the time of the instant sales contract, it can be sufficiently recognized that the defendant deceivings the victim F to acquire the money under the pretext of the sale price.

2. In light of the circumstances stated in its holding, the lower court found the Defendant not guilty of the fraud on the ground that the evidence presented by the prosecutor alone could not be deemed to have proved without any reasonable doubt that the Defendant acquired money under the name of the victim F by deceiving the victim F, and there is no other evidence to recognize it

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.