사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal stated that the defendant might make a scrap metal of 300 tons a month from the victim rather than a simple exaggeration, is an important part in contractual relationship, and on May 16, 201, the Gyeongnam Bank decided not to succeed to the claim for loans from the Busan Bank to E, Inc. around May 21, 201, and the defendant received KRW 150 million from the victim around May 21, 201, and the defendant presented the victim a false scrap metal transaction contract with the forgedO as a result of the evidence submitted by the prosecutor. In light of all the circumstances, the court below acquitted the defendant of the facts of this case, despite the fact that the defendant had no intention or ability to produce the scrap metal of 300 tons a month and had no intention to continue to operate the E, it could sufficiently recognize the fact that 300 tons a deposit was obtained from the victim under the name of the contract for supply of the scrap metal under the name of the victim, which affected the conclusion of the judgment of the court below.
2. Reviewing the reasoning of the judgment of the court below with the record and closely, the court below is justified in finding the defendant not guilty on the ground that the facts charged in this case constitutes a case where there is no proof of a crime, and it does not seem that there was an error of mistake of facts as alleged by the prosecutor.
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.