사기미수
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) E’s statement to the investigation agency is reliable, and according to such reliable statement, it is sufficient to find the Defendant guilty of the instant facts charged.
However, the judgment of the court below which rejected the credibility of the statement made by E in the investigation agency and acquitted the defendant is erroneous in the misapprehension of facts against the rules of evidence, which affected the conclusion of the judgment.
2. Examining the evidence in light of the records, a thorough examination of the records reveals that the court of first instance found the defendant not guilty on the grounds that the statement made by the E investigation agency is not reliable and that there is a lack of evidence to prove the facts charged of this case, and otherwise there is an error of law as otherwise alleged by the prosecutor in the judgment of first instance.
subsection (3) of this section.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.