사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor, the following circumstances revealed by the records as to the summary of the grounds for appeal, namely, ① the Defendant was under serious financial difficulties such as continuing to be accused of the failure to pay the goods to the customer from around 2017, ② the Defendant voluntarily stated in the investigative agency that “the Defendant was in an unreasonable way supplied even if it was difficult to operate the company,” and the evidence submitted by the prosecutor can be sufficiently recognized, despite the fact that the Defendant did not receive the goods from the victim without the intention or ability to pay the goods, and thereby, acquired the amount equivalent to the price by fraud from the victim, the lower court acquitted the Defendant of the facts charged in this case on a different premise, thereby adversely affecting the conclusion of the judgment.
2. The court below found the defendant not guilty of the facts charged of this case on the ground that the evidence submitted by the prosecutor alone without any reasonable doubt that the defendant acquired the amount of money free of charge from the victim without intent or ability to pay the price of goods, and there is no other evidence. In light of the records and closely comparison and examination of the evidence legitimately adopted and examined by the court below, the court below is just in holding the defendant not guilty of the facts charged of this case on the ground that the evidence of this case constitutes a case where there is no proof of a crime for the facts charged of this case on the ground of its stated reasoning, and there is no error of law of misunderstanding the facts alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.