The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) is well known that D is difficult to pay the construction cost due to the shortage of funds, but it is recognized that the defendant was deceiving the victim by promising to pay the construction cost as stated in the facts charged in the instant case. Therefore, the crime of fraud

Judgment

The prosecutor also asserted the same purport as the above argument in the court below, and the court below rejected the above argument with detailed grounds for judgment.

The first instance court's judgment was clearly erroneous in the first instance court's determination when it was intended to re-examine the first instance court's judgment, although there was no objective reason to affect the formation of a documentary evidence in the process of the hearing.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial, and there is no reasonable ground to deem that maintaining the judgment of the lower court is remarkably unfair in comparison with the evidence duly adopted and examined by the lower court and the content of the reasoning of the lower court.

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

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