사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be acknowledged that the defendant had no capacity to repay or intent to repay money to the victim at the time of borrowing money from the victim.
Nevertheless, the court below sentenced the defendant not guilty, and there is an error of misunderstanding the facts and affecting the conclusion of the judgment.
2. We examine the evidence duly adopted and examined by the court below in light of the records. The court below's decision that the above evidence alone was insufficient to recognize the fact that the defendant deceivings the victim without the intent or ability to repay the amount, and it is reasonable to find the fact that the defendant acquired the borrowed amount. The court below's decision contains an error of law by misunderstanding the facts as asserted by the prosecutor, which affected the conclusion of the judgment.
It does not seem that it does not appear.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.