사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendants used or disposed of at will a motor vehicle acquired as security without delivering it to the victim and used the money received from the victim for gambling or personal debt repayment. As such, the Defendants acquired the money from the damaged person under the pretext of investment without any intention to return the profit to the money to be invested from the damaged person from the beginning.
2. The burden of proof of criminal facts prosecuted in a criminal trial for a judgment shall be borne by a public prosecutor, and the conviction of guilt shall be based on evidence of probative value, which makes a judge not having any reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt that the defendant is guilty, it shall be determined with the benefit
In light of the above legal principles, a thorough examination of the evidence duly adopted and examined by the court below and the circumstances presented by the court below is justified even if the prosecutor considered the circumstances asserted in the appellate brief, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.