The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is anticipated that G Co., Ltd. operated by the Defendant could not perform its obligations due to bankruptcy, but without any specific plan or prospect to resolve the situation, the Defendant entered into a contract with the victims and provided the services. Ultimately, the Defendant did not pay the service cost properly.

Therefore, the defendant company did not have the ability to pay service price, and the defendant is recognized as a criminal intent to obtain fraud concerning the facts charged in this case.

The judgment of the court below which acquitted the defendant on the other hand is erroneous.

2. On the grounds indicated in its reasoning, the lower court determined that the Defendant Company did not have the ability to pay service charges or had the intent to commit fraud against the Defendant.

It is difficult to see

The decision was determined.

In full view of the evidence examined by the court below and the reasoning of the court below, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.

subsection (b) of this section.

3. The appeal by the conclusion prosecutor is dismissed.