사기
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant on the charge of deceiving the victim by deceiving the victim through the evidence submitted by the prosecutor, such as the statement of the victim and witness and the statement of account transaction, etc., is erroneous in the misunderstanding of facts and affecting the conclusion of the judgment.
2. The lower court determined that the evidence presented by the prosecutor in this case alone, in light of such facts and circumstances, cannot be deemed as deceiving the victim at the time of the loan, and it is insufficient to recognize that the Defendant had no intent or ability to perform the contract, and there is no other evidence to acknowledge otherwise.
Examining the judgment of the court below closely with the records, such judgment of the court below is just, and the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.