사기
The prosecutor's appeal is dismissed.
1. According to the statements, etc. of the victim consistent with the summary of the grounds for appeal, the court below acquitted the defendant by misunderstanding the fact, despite the fact that the defendant deceivings the victim as stated in the facts charged.
2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, and if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilt even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 9Do4305 delivered on February 25, 2000). We find it difficult to conclude that the Defendant intentionally received a vehicle from the victim of deception from the time when the vehicle was delivered, on the sole basis of the evidence submitted by the prosecutor. Thus, the Prosecutor’s assertion of mistake of facts is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.