사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is sufficiently recognized in full view of the victim’s statement and corresponding H’s statement, and the value of G apartment at the time of the appeal that the Defendant made the victim’s statement that “the victim would set up a right to collateral security on G apartment with no lessee and subsequently set up a right to collateral security at F real estate.”
The victim had cancelled the right to collateral security established on the F real estate in the defendant's deception.
The first instance court has erred by misapprehending the facts and pronounced innocence.
2. The judgment of the first instance court is just in finding the Defendant not guilty of the charges of this case on the ground that the evidence submitted by the prosecutor alone is insufficient to believe that the Defendant was unaware of the existence of a tenant in G apartment, and that it is difficult to view the Defendant’s cancellation of the right to collateral security established on the F real estate due to deception by E, and there is no error of mistake of facts as pointed out by the prosecutor.
In addition, there is no other evidence to prove the criminal intent of the defendant in addition, the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.