사기
The prosecutor's appeal is dismissed.
1. In this case, it is important to pay the cost of use by the 15th day of the following month in which the bus is provided according to the practice of the industry, and the compliance is an important factor to determine the criminal intent of deceptiveation.
However, the Defendants could not be able to pay the user fee on the fixed date from April 2018 to June 2018 due to the aggravation of business management, etc. The Defendants began to pay the user fee in several times on September 2018, which is the time when the bus was used, and therefore, the intent of the defrauded is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the Defendants on the ground that the Defendants did not have the intention to commit fraud.
2. Examining the judgment of the court below after comparing it with the records, the court below's determination that it is difficult to recognize the criminal intent by deceiving the Defendants on the grounds of its stated reasoning is just and acceptable, and it does not seem that there was an error of mistake of facts as pointed out by the prosecutor.
The prosecutor's assertion is without merit.
3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.