사기미수
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: (a) Defendant A, in collusion with Defendant B, lost the Montreal Ban due to Defendant B’s negligence or negligence; and (b) Defendant B’s mistake, filed a false claim against the victimized company for insurance proceeds as if the Montreal Ban was lost due to Defendant B’s mistake.
In doing so, the court below sentenced not guilty of the facts charged of this case by misunderstanding the facts.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The lower court found the Defendant not guilty of the instant facts charged, while sufficiently explaining the grounds for the determination.
Examining the evidence duly examined and adopted by the court below in light of the records, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.
shall not be deemed to exist.
The judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal against the defendants 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.