사기
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (misunderstanding of facts) in the investigative agency of the victim and the court of original instance, the statement in the investigation agency of the victim, the statement in the I, the head of passbook and the copy of the withdrawal of deposits, etc., the court below found the defendant not guilty of each of the facts charged of this case, despite the fact that the defendant could have by deceiving the victim as stated in each of the facts charged of this case, and by deceiving the victim with the amount of KRW 44 million.
2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the ground that each of the facts charged of the instant case is insufficient to recognize, and there is no other evidence to acknowledge, on the sole basis of the victim’s statement, such as each statement at the court of the lower court and investigation agency of the lower court, witness I, J, P, P’s each statement at the court of the lower court and investigation agency
In full view of the circumstances admitted by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the judgment of the court below No. 3, 17, 5, and 14 of the 3, 6, 5, and 14 of the 5, 14 are clearly erroneous terms of office in P. Thus, the prosecutor’s appeal is corrected to correct it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.