사기
The prosecutor's appeal is dismissed.
1. Even if there are some difficulties in understanding the victim's statement in the summary of the grounds for appeal (misunderstanding of facts), the credibility of the statement can be sufficiently recognized considering the victim's existence of alcohol alcohol. Thus, the defendant acquired money from the victim, such as as stated in the facts charged, by fraud.
must be viewed.
2. In light of the records of this case, when the victim suffers from the symptoms of alcohol alcohol, but did not drink alcohol, there is no obstacle to decision-making, the court below, on the grounds as stated in its reasoning, granted the right to cash card and withdrawal by deceiving the victim from the beginning.
It is just and acceptable to determine that the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the judgment of the court below that “the victim from the beginning” is obviously a clerical error in the victim from the beginning, and thus, it is corrected as ex officio correction pursuant to Article 25(1) of the Rules on Criminal Procedure because it is obvious that “the victim from the beginning is the victim’s clerical error.”