사기
The prosecutor's appeal is dismissed.
1. In full view of the reasoning of appeal (misunderstanding of facts as to the portion of the crime without fault) the statement of the victim and the financial status of the defendant, the court below found the defendant not guilty of this part even though the defendant borrowed 1620,000 won in total from the damaged person without the intent or ability to repay, and there is an error
2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, the evidence of this case alone based on the judgment of evidence in the court below, which was obtained by deceiving the victim and deceiving the victim.
On the ground that it is difficult to view this part of the facts charged as not guilty is just and acceptable, and since no new evidence corresponding to this part of the facts charged has been submitted in the trial, there is an error of misunderstanding of facts as alleged by the prosecutor in the judgment of the court below.
It does not seem that it does not appear.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.