사기
The prosecutor's appeal is dismissed.
1. Until several years have passed since the conclusion of the sales contract, the Defendant had dolusence on the fact that the Defendant could not pay the purchase price at the time of the conclusion of the sales contract in light of the circumstances after the sale, such as taking over the collateral security obligation or not paying some of the purchase price, the Defendant’s credit rating, criminal records, etc.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The lower court found the Defendant not guilty of the instant facts charged, while sufficiently explaining the grounds for the determination.
Examining the evidence legitimately adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as proved to the extent that there is no reasonable doubt as to the fact that the defendant had the intention to acquire the above facts charged, and therefore, the court below did not err in matters of mistake of facts, such as the prosecutor's assertion, in the judgment below
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.