사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (the fact-finding) evidence submitted by the prosecutor, it is reasonable to fully recognize the fact that the defendant committed a deceptive act, as shown in the facts charged, and there is the intent to obtain the defendant by fraud.
Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence of this case, based on the judgment of the court below, by itself, deceiving the complainant as shown in the facts charged.
Inasmuch as it is difficult to readily conclude that the Defendant had a criminal intent to commit fraud, the protocol that judged not guilty of the facts charged in this case is just and acceptable, and the examination of the Defendant in the trial room alone is likely to reverse the above judgment of the court below, and no other new evidence corresponding to the facts charged in this case has been submitted, it does not seem that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor as alleged by the court below
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.