사기
The prosecutor's appeal is dismissed.
1. In light of the testimony made by F in the lower court, the Defendant and F did not have concluded the removal construction contract in a fixed manner, and thus, the performance of the removal construction contract was not ordered.
Therefore, at the time of the instant case, the Defendant had the intent or ability to deliver scrap metal, non-refus, etc. to the victim
Even though it is difficult to see it, the lower court did not recognize the criminal intent of defraudation against the defendant under the different premise.
2. The lower court, based on its stated reasoning, found that at the time of the instant case, the Defendant had no intention or ability to deliver scrap metal, non-refinite, etc. to the victim at the redevelopment site.
On the ground that it is difficult to conclude this case’s charges were acquitted.
Examining the above judgment of the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is an error of law by misconception of facts as alleged by the prosecutor.
subsection (b) of this section.
Therefore, prosecutor's 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 the appeal is without merit. It is so decided as per Disposition.