사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant deceivings the victim and receives 20 million won as the price for goods from the victim can be fully recognized.
Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. In light of the records, a thorough examination of the evidence of this case is not sufficient to find the defendant guilty with the evidence submitted by the prosecutor for the reasons stated in its holding, and it is reasonable to find the defendant not guilty with the charge of this case on the ground that there is no other evidence to acknowledge it. The judgment of the court below is just and it is not erroneous in the misapprehension of facts as pointed out by the prosecutor, which affected the conclusion of the judgment. Thus, the prosecutor's above assertion is without merit.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.