The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is sufficiently recognized that the Defendant, even if receiving money from I, has failed to perform his/her business with L, etc., rather than performing his/her business under the direction of L, and the Defendant did not take any procedure for raising funds that was promised, such as not using at all for financing KRW 125 million received from I, and the Defendant was using 60 million out of the above funds he/she received from I individually, through the evidence submitted by the prosecutor. In full view of all the circumstances revealed through the evidence presented by the prosecutor, it is sufficiently recognized that the Defendant had the intention to obtain 30 billion won, because he/she is lack of intent and ability to obtain 30 billion won, and there is fraud.

Nevertheless, the court below found that there was no intention to obtain fraud from the defendant by misunderstanding the facts due to the belief of the statement of Q without credibility.

In view of the fact that the charges of this case were acquitted, the charges of this case were committed.

2. The lower court determined that there was a criminal intent to obtain fraud by the Defendant only with the evidence submitted by the prosecutor while explaining the grounds for the judgment in detail.

It is difficult to recognize

In light of the facts charged, the lower court acquitted the instant charges.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor proves that there is no reasonable doubt as to the criminal intent to acquire the defendant.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case cannot be seen as having erred by mistake as alleged by the public prosecutor.

subsection (b) of this section.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.