사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that, in light of the financial status of D at the time when the defendant had a promissory note notarized against G Co., Ltd. and had it cancelled, the defendant should be sufficiently recognized that the defendant had no intent and ability to pay the construction price to the victim. However, since the court below acquitted the victim of the facts charged in this case, there is an
2. The lower court rendered a not guilty verdict on this part of the facts charged while clearly explaining the grounds for its determination.
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of the court below that acquitted the public prosecutor of this part
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.