사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the complainant’s statement is reliable and it is difficult to believe that the defendant’s assertion against this is contrary thereto, and it can be acknowledged that the defendant, who makes a false statement to the complainant, obtained four copies of his own check in the face value of KRW 70 million (hereinafter “the check in this case”).
Despite that fact, the lower court acquitted the Defendant.
2. 1) The lower court determined that the evidence submitted by the prosecutor alone was insufficient to find the Defendant guilty of the charges, when it is difficult for the complainant to believe that he/she issued the instant check to the Defendant, and taking into account the relationship between the complainant and the Defendant, and circumstances after the instant case.
2) Examining the judgment of the court below in light of the following circumstances revealed by the evidence duly adopted and examined by the court below, comparing the court below's aforementioned judgment with the records, the evidence submitted by the prosecutor alone that the defendant received the check of this case by making the victim false statements.
It is insufficient to recognize it.
The judgment of the court below which acquitted the defendant is justifiable.
(1) The complainant was in custody of the check of this case issued in advance by the investigative agency to use it as business funds consistently from the court below to the court below, and was in custody of the defendant during the business trip of China.
was stated.
However, according to the submitted financial data (the trial records between 27 and 30 pages), the complainant issued the instant check on November 6, 2009, and immediately delivered it to the Defendant.
The complainant received a check from the Defendant in the amount of KRW 30,000,000,000, which was remitted to his account, and delivered the check to the Defendant along with the instant checks, and the Defendant issued the said KRW 100,000 to the I on the day.