사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant, while keeping the money of the victim, by deceiving the victim even though the victim did not intend to pay the living expenses of KRW 50,000 per month.
2. As to the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the court below judged that the evidence alone submitted by the prosecutor in the item "2. Judgment" is insufficient to conclude that the defendant acquired money from the victim. In light of the records of this case, a thorough examination of the evidence adopted by the court below is just, and there is no error of misconception of facts or misapprehension of legal principles as argued by the prosecutor.
3. The appeal by the conclusion prosecutor is dismissed.