The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the Defendant could sufficiently be recognized that the Defendant acquired the seeds from the victim without any intention or ability to pay the price and acquired them by deceptioning the fact that there is no ability to pay the payment of the seeds because of the extreme aggravation of the financial situation, such as the refusal of payment of the promissory note received from the customer at the time of being supplied with the seeds from the victim E. The Defendant’s statement and the Defendant’s statement on the process of growing the yellow season and its consequences, etc. are in conflict with each other, and there is no consistency, and the Defendant’s statement and the Defendant’s statement are not reliable. Although it is unclear whether the Defendant could appropriately grow and harvest the yellow season without any objective confirmation, the Defendant could be found to have been aware that the Defendant acquired the seeds from the victim without the intention or ability to pay the price. However, the lower court erred by misapprehending the fact that the Defendant was not guilty.

2. Determination

A. The lower court determined on March 201, 201: (a) the Defendant: (a) entered into a contract with a police officer to be supplied with the seeds of yellow season from a local farmer on the part of the seeds supplied thereafter; (b) prepared a letter of commitment to substitute for the seeds price of yellow season 20 tons and delivered it to the victim; (c) the Defendant directly visited China on November 201, and confirmed that the cultivation of yellow season is well-grounded; (d) the Defendant was issued a certificate to the effect that all yellow season was killed; and (e) the Defendant died of all yellow season from local farmers around that time; and (e) was issued a certificate to the effect that the Defendant died of approximately KRW 380,000,000,000,000, when the seeds were supplied with the seeds, on the other hand, around that time.