The prosecutor's appeal is dismissed.

1. According to the statement, etc. by the victim of the grounds for appeal, it is reasonable to deem that the victim was aware that the provisional seizure of the real estate in this case was completed, or that the contract of this case was concluded even if he was aware of the fact that the provisional seizure was completed, and that the provisional seizure was completed, and even if not, the defendant had a duty to accurately notify the victim of the fact that provisional seizure was completed and the progress or possibility of winning the lawsuit on the merits of this case.

Nevertheless, the court below found the defendant not guilty, and there is an error of misconception of facts.

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be made even if there is a suspicion of guilt against the defendant.

In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone makes it difficult to prove the crime in the first instance trial judgment that there was an error of mistake of facts, and thus, it should not be convicted of the charge.