사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (based on fact-finding) was obtained by deceiving the victim about KRW 320 million in collusion with B and F by delivering a forged balance certificate as if it were genuine.
2. The lower court found the Defendant not guilty on the ground that it is difficult to view that there is no reasonable doubt as to the fact that the Defendant conspireds with B, F, etc. as stated in the facts charged by the prosecutor in collusion with the victim, with the evidence submitted by the prosecutor.
In a thorough examination of the evidence of this case in light of the records, the above determination by the court below is just and it does not seem that there was an error of mistake of facts as pointed out by the prosecutor in the judgment below.
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 since it is without merit. It is so decided as per Disposition.