사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the summary of the grounds for appeal (public prosecutor) the evidence submitted by the public prosecutor, the court below acquitted the victim of the facts charged of this case by deceiving the use as stated in the facts charged of this case at the time of borrowing KRW 30 million from the victim, and it can be recognized that the defendant, who was aware of the above KRW 30 million, by transfer and receiving the above KRW 30 million, by permitting or accepting the fact that the defendant could not be repaid when there is a bad economic situation at the time.
2. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged.
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’s judgment that acquitted the public prosecutor of the facts charged of this case shall not be deemed to have erred by mistake of facts or by misapprehending the legal principles, as alleged by the
3. As such, 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.