사기
The prosecutor's appeal is dismissed.
1. The court below found the defendant not guilty on the ground that the defendant borrowed money from the injured party without the intention or ability to repay the money, as the art works that the defendant provided to the injured party as well as the art works that the defendant provided to the injured party have not realized the money in his/her possession, and thus the defendant failed to repay the borrowed money to the injured party.
2. As the judgment of the court below properly states, the defendant was aware of the above literary works at the time when the defendant provided the victim with literary works as security and borrowed money.
In addition, there is no other evidence to see that the witness I of the court below stated that the defendant's own will and the value is at least 500 million won, and that the prosecutor did not submit additional reliable evidence about the value of the above person's own intention or ability at the time of borrowing money from the damaged person, as long as the prosecutor did not submit additional evidence about the value of the above person's own intention, it is difficult to reject such statement.
It is insufficient to conclude it, and there is no other evidence to acknowledge it.
Therefore, it is difficult to accept the prosecutor's argument.
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.