사기
The prosecutor's appeal is dismissed.
1. Summary of the reasons for appeal: It is obvious that the defendant was unable to operate the fraternity normally at the time when he was paid the fraternity from the victim, and therefore it is not able and able to pay the fraternity to the victim;
Unlike this, the judgment of the court below that acquitted the defendant is erroneous in misconception of facts.
2. On the grounds of the legal principles and reasoning of the judgment below, the court below determined that the Defendant failed to pay the guidance money to the victim ex post facto is merely deemed to have caused some of the guidances to be in arrears repeatedly, and that the Defendant’s guidance operation was made by deception and irregular manual since the time when the Defendant had the victim join the instant fraternity.
The lower court acquitted the Defendant of the instant facts charged on the ground that it cannot be readily concluded that the Defendant did not have any intent and ability to normally pay the fraternity even if the Defendant received the fraternity payment from the victim.
In light of the circumstances of the judgment below admitted by the evidence of this case, the above judgment of the court below is justified and there is no error of misconception of facts alleged by the prosecutor.
3. Thus, 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.