사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor of the gist of the grounds for appeal in this case, if the defendant lends 100 million won to the victim E, he/she will either repay 120 million won within 2 months or transfer the ownership of 533 square meters out of the Fil-si Fil-si land where he/she is unable to repay 100 million won.
The judgment of the court below which acquitted the defendant of the facts charged in this case, although it can be sufficiently recognized that the defendant acquired the pecuniary benefits equivalent to KRW 21,864,579 by deceiving the purport and acquired the pecuniary benefits of KRW 21,864,579, and that the defendant had intention to acquire the above
2. The court below found the defendant not guilty on the grounds of the circumstances stated in its holding, on the grounds that the evidence submitted by the prosecutor to the records of this case alone is insufficient to recognize that the defendant had the intention to acquire the defendant by deceit. In full examination of the evidence of this case in light of the records, it is just to find the court below not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and there is no
Therefore, the prosecutor's above assertion is not accepted.
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.