사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor in the records of this case, the court below found the defendant not guilty of the facts charged of this case, despite the fact that the defendant, by deceiving the victim C to order the export of cosmetics to China, acquired property profits in the name of entertainment expenses and intentional acquisition of such property profits, is sufficiently recognized.
2. The lower court determined on the grounds of the circumstances stated in its reasoning, solely based on the evidence submitted by the prosecutor on the records of the instant case, constitutes deception.
In light of the records, it is justified that the court below rendered a not-guilty verdict on the facts charged of this case on the basis of the circumstances stated by the court below, and it does not seem that there was an error of mistake of facts such as the prosecutor's assertion in the court below.
Therefore, the prosecutor's above assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.