사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding the facts), the court below acquitted the defendant of the facts charged in this case, although the defendant could fully recognize the fact that he acquired money from the damaged person, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.
2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;
Even if so, it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2007Do163, Nov. 30, 2007, etc.). Examining the reasons for the part of innocence against the defendant among the judgment below in light of related evidence and records, the court below, on the grounds as stated in its reasoning, obtained by deceiving the victim and by deceiving 7630,00 won.
It is difficult to see
Therefore, the prosecutor's above assertion is without merit, since the decision of not guilty of the facts charged in this case is justified.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, but, pursuant to Article 25(1) of the Regulation on Criminal Procedure, each of the “J” in Articles 3, 21, 4, 3, and 5, shall be corrected to be changed to “C”.