사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, although the court below acquitted the defendant on the charge of acquiring the damaged company by deceiving the damaged company without the intention or ability to repay the price of the goods, the court below rendered a verdict of innocence. Thus, the court below erred by misunderstanding of facts.
2. Examining the evidence of this case in detail in light of the records, the court below did not have any intent to pay the amount by the defendant at the time when the defendant was supplied with the SPA 11,132.7kg from the victimized company with the evidence submitted by the prosecutor on the grounds stated in its reasoning.
It is not sufficient to see that it was proven to the extent that it was proven to the extent that it was beyond a reasonable doubt that it was proven as to the ability to repay, and thus, it is justified to determine the facts charged in this case as not guilty, and there is no error of misunderstanding of facts as
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.