사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) and the victim, as stated in the judgment of the court below, did not have agreed on the Defendant’s comprehensive handling of the removal of graves from the injured party to receive one million won per funeral fee in return, and the court below acquitted the Defendant of the facts charged of this case on the ground that such agreement could not be ruled out, and that there was no error in the misapprehension of facts.
2. The lower court determined, at the time of preparing a list of “the status of the E Graveyard and the status of consultation” (52 pages of investigation records), signed and sealed by the Defendant and J and the said status at the site at the time of preparing a list of the said status.
B. The lower court acquitted the Defendant of the instant facts charged on the ground that: (a) the Defendant, as a result of the comprehensive authority over the handling of funeral services between L and H, paid KRW 3 million in total and KRW 4 million in the consultation amount indicated in the current status table per grave for each grave; and (b) the Defendant’s payment of expenses for providing funeral services to H within the scope of the money and the remainder is highly probable that there was an agreement that the Defendant would have to have the right to receive as a fee for performing his/her duties.
In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.
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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.