사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding the facts), the evidence submitted by the Prosecutor, the fact that the defendant deceivings the victim and acquires money can be fully recognized.
Nevertheless, the judgment of the court below is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction should be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, the judgment of conviction should be made in the interests of the defendant even if the defendant is suspected of guilt (see Supreme Court Decision 94Do3309 delivered on April 12, 1996). The court below acquitted the defendant of the facts charged in this case with detailed statement of the reasoning for the judgment. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone proves that the facts charged in this case is beyond a reasonable doubt.
As such, the lower judgment that determined to the same purport is justifiable.
3. If so, the prosecutor's appeal 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.