사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the reason for appeal can be sufficiently recognized that the defendant had the criminal intent to acquire the goods from the victim company at the time of receiving the goods payment from the victim company.
The facts charged of this case are sufficiently proven.
Although the court below acquitted the defendant, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. On the grounds indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, received KRW 17,740,800 from the victim company as the criminal intent to acquire 19,20 copies by deception without the intention or ability to deliver them.
The charges of this case were acquitted on the ground that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
In full view of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just and there is no error of law by misunderstanding the facts alleged by the prosecutor or misunderstanding of legal principles.
3. In conclusion, 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.