사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the company in which the defendant operated continuously incurred losses after its establishment, and that the real estate owned by the defendant was sufficiently changed;
In light of the fact that it is difficult to see that the Defendant had the ability to repay at the time of the next use.
It is difficult to see the defendant, and there was a criminal intent that the defendant is unable to repay the borrowed money from the injured party.
2. The lower court, based on the evidence submitted by the prosecutor, determined that the Defendant had no capacity or intent to repay money from the injured party.
It is not sufficient to recognize the recognition.
In light of the facts charged, the charges were acquitted.
According to the records, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.