사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the fact that the Defendant, even if being supplied with tin gift sets, did not have the intent or ability to pay the proceeds thereof, can be sufficiently recognized by deceiving the complainant, as stated in the facts charged, and acquired by deceiving the complainant by being supplied with tin gift sets worth KRW 13,611,800.
Nevertheless, the lower court’s judgment that acquitted the charged facts of this case was erroneous and adversely affected the conclusion of the judgment.
2. The court below found the defendant not guilty of the facts charged in this case on the ground that it is difficult to conclude that the evidence presented by the prosecutor alone, in the continuous transaction relationship with the complainant, failed to perform some of his/her obligation with respect to a certain transaction party for a certain period. A thorough examination of the judgment of the court below in comparison with the evidence, the judgment of the court below is just and acceptable, and since there was no new evidence to support the prosecutor's assertion in the grounds for appeal, there was no error of mistake of facts as pointed out 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.