사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principle), the defendant, even if he was supplied with a household from the injured person, could sufficiently recognize the fact that he was by deceiving the injured person as if he did not have the intent or ability to pay the household price within one month, and by receiving the delivery of the household, and the criminal intent of deceiving the accused is recognized.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the instant facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, a thorough examination of the records reveals that the evidence of this case, based on the judgment of the court below, by itself, of the evidence of this case, had the intent of deceiving or deceiving the victim about the intent and ability to repay the price at the time of the
On the grounds that it is difficult to conclude the facts charged in this case as not guilty is just and acceptable, and since no new evidence corresponding to the facts charged in this case has been submitted in the trial at the same time, there is an error of law by misunderstanding facts or by misunderstanding legal principles as the prosecutor pointed out in the judgment below, which affected the conclusion of the judgment.
It does not seem that it does not appear.
Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.
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.