사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal - misunderstanding of facts and misunderstanding of legal principles - The record reveals that the defendant had no intent and ability to pay the victims the food expenses or the cost of using pumps, which the defendant agreed with the victims at the time of entering into the instant contract.
Nevertheless, the court below held that the defendant had no intention and ability to pay the price.
For the reason that it cannot be seen, the judgment of the court below on the charge of fraud, which is the charge of this case, has been pronounced not guilty. Such judgment of the court below erred by misapprehending the legal principles on the scope of fraud or deception.
2. We examine the evidence duly adopted and examined by the court below in light of the records. The above evidence as revealed by the court below is just and acceptable to determine that it is not sufficient to recognize the defendant's deception or intentional fraud as to the facts charged in this case. Thus, there is an error of law that affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles as pointed out by the prosecutor.
It does not seem that it does not appear.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.