사기등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the grounds for appeal, even though the defendant acquired financial profits equivalent to the total of 67,060,000 won by failing to properly settle accounts with the victim based on the charter contract in which the amount of about 10% is lower than the actual purchase price of a charnel house (Fraud) and the defendant concluded a contract for the sale of a charnel house with the contractor for the sale in lots and delivered it to E Co., Ltd., the nominal owner of the contract and used the contract by altering the contents of the contract and delivering it to the contractor without notifying the nominal owner or obtaining consent from the nominal owner (the use of a private document alteration and the use of a private document for the alteration of a private document), the court below acquitted the defendant of this part of the charges, contrary to the misapprehension of legal principles.
2. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to view that the Defendant acquired property gains equivalent to KRW 67,060,00 in aggregate of the difference between the settlement amount and the settlement amount according to the contract which differs from the actual sale amount, on the grounds that detailed circumstances acknowledged by the evidence duly adopted and examined by the lower court, and that it is difficult to view that the Defendant had a criminal intent to commit the alteration of the private document and the uttering of the altered private document.
In light of the records, a thorough examination of the circumstances presented by the court below in light of the records, the above judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.