사기
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (misunderstanding of facts) (1) The defendant borrowed the money in this case from the injured party under a provisional attachment of the claim for the deposit for the deposit for the deposit for the apartment house worth KRW 34,300,000,000 from the injured party; 2) it is difficult to believe that he has the claim for the credit against the injured party; 3) The defendant alleged that the obligation for the loan in this case was offset against the claim for the credit against the injured party; however, although the fact that the defendant paid the loan in this case was not confirmed, it is in a offset against the defendant's obligation even if it is acknowledged that he paid
In light of the fact that it cannot be seen, the judgment of the court below that acquitted the defendant even if the charge of this case was found guilty, there is an error of mistake of fact.
Judgment
2. Examining the relevant legal principles in detail under the title of “judgment” and the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below by deceiving the victim even though the defendant did not have any intent or ability to repay the instant money at the time of receiving the money from the injured party, thereby deceiving the victim to acquire the said money.
The judgment of the court below which acquitted the defendant is just and acceptable, and there is no error of law by mistake of facts alleged by the prosecutor, since it is difficult to conclude that the fact-finding on the age (NICE) evaluation information corporation submitted in the trial and it is difficult to reverse the above recognition.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.