사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal also recognized the fact that the defendant borrowed money on the premise that the prosecutorial investigation has not yet become final and conclusive, and since the core deceiving content of the facts charged in this case was deceiving the victim as if the defendant became final and conclusive, it does not affect the establishment of the crime and did not affect the conclusion of the crime, and the court below found the defendant not guilty even if the defendant was aware of the criminal intent of defraudation, considering the fact that the defendant was not guilty, as the judgment of the court below, and that the situation where the defendant could be ordered to engage in the lighting work in this case at the time of borrowing the defendant and that at
2. The lower court’s determination of the prosecutor’s assertion of mistake of facts was properly stated in the second through fourth re-1 of the second part of the judgment of the lower court, and the Defendant was not finally confirmed to have been entrusted to the victim with the development of DNA apartment lighting at the time of borrowing the loan. It could be said that the Defendant could be said that there was no possibility for the victim to have
It is insufficient to recognize that there is a criminal intent to obtain fraud or to commit fraud, and because it is difficult to regard that the management status of the lighting company operated by the defendant was difficult due to non-performing loans, etc., the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in this case and there is no other evidence to acknowledge it.
In light of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, ① all the circumstances surrounding D apartment lighting construction at the time of borrowing money as stated in the judgment of the court below, the relationship between the defendant and the above construction, and the process of failing to perform construction, etc., the defendant decided to construct an apartment 1 to the victim after using it for “or” lighting construction.