사기
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor’s grounds for appeal (misunderstanding the facts) was as follows: (a) on June 20, 2014, at the time when the Defendant entered into a sales contract with the victim for the PC room as indicated in the facts charged of the instant case, the Defendant was solely liable for a debt without any other income or property; and (b) as such, whether the said PC’s operation was made a clear situation, there was a criminal intent to commit
Even if recognized, it has been proved that there was a criminal intent to obtain fraud by the accused.
The judgment of the court below that acquitted the defendant on the ground that it is difficult to see it is erroneous.
2. In full view of the circumstances as indicated in its reasoning, the lower court, based on the evidence submitted by the prosecutor, has proved to the extent that it can be ruled out a reasonable doubt as to the fact that the Defendant had a criminal intent to acquire fraud.
Therefore, it is difficult to see that the facts charged in this case constitute a case without proof of crime, and it is reasonable to see the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, and there is no violation of law of mistake of facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.