공전자기록등불실기재등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds of appeal reveals that the Defendants received the investment money from E. However, since there was a dispute as to whether the investment conditions of E were fulfilled, the Defendants should not arbitrarily cancel the right to collateral security established under the name of H. However, as long as the Defendants cancel the said right to collateral security under the name of H without permission of E or H, it should be deemed that the Defendants had failed to do so with respect to the false report.
Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in misconception of facts.
2. The court below found the Defendants not guilty on the ground that the facts charged in this case constitutes a case where there is no proof of crime, based on the evidence duly adopted and investigated by the court below as to the facts charged in this case against the Defendants. If the records in this case and the reasoning of the judgment of the court below are closely compared, the court below's above judgment is acceptable, and the reasons for appeal asserted by the prosecutor are examined, and there is no error of law of misunderstanding
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 as it is without merit. It is so decided as per Disposition.