횡령등
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor in the records of this case, the court below found the defendant not guilty of the fraud among the facts charged in this case, despite the fact that the defendant could have been aware of the criminal intent of deceiving the victim I, there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. In light of the records, a thorough examination of the evidence of this case in light of the records, we affirm that the court below acquitted the public prosecutor on the fraud of the facts charged of this case on the basis of the circumstances presented by the court below, and it does not seem that the court below erred by mistake of facts or misunderstanding of legal principles
Therefore, the prosecutor's above assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
(4) In light of the above legal principles, the court below's decision of the court below is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.