사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal of this case is as follows: (a) at the time of this case, the defendant was not insolvent as a person with bad credit standing; and (b) at the same time similar to the time of this case, G, a shape processor, false statement that "to pay 3.95 million won for the pande type processing" was found to have been subject to a fine of KRW 1,50,000,000 as a result of the crime of acquiring by deceptioning 3.9 million won; and (c) the victim, even though the victim completed the design drawing of Chapter 6 even if he did not receive the payment from the defendant, has prepared a plan continuously to ensure that the defendant will make the additional design drawing and pay the unpaid amount in total; and (d) there was no way to receive money in excess of the drawings; and therefore, (c) the victim's statement that did
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. In full view of the following facts and circumstances that can be recognized by the judgment of the court below and the court below based on the evidence duly adopted and examined, the defendant did not pay the amount because the issue of delivery, revision, settlement of the price, etc. of the design drawing itself with the victim was not resolved. The evidence submitted by the prosecutor alone is insufficient to deem that the defendant requested the production of the design drawing to the victim without the intent or ability to pay the amount, and there is no other evidence to acknowledge it otherwise.
Therefore, the court below's finding the Defendant not guilty of the facts charged of this case is just and correct, and there is no error of mistake of facts.
① Prior to the instant transaction, the victim traded at the request of the Defendant for the production of design drawings three to four times, and the previous transaction was also conducted.