사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) is that C, a partner of the Defendant, was sentenced to two years of imprisonment for fraud. In full view of the content of the final judgment, the content of the real estate development project, the part of the Defendant’s statement that all the Defendant and C did not have any particular business fund at the time of the commencement of the project, and the victim’s statement, etc., it can be sufficiently recognized that there
2. The lower court, based on its stated reasoning, acquitted the victim by the Defendant.
In the case where the court below found the defendant not guilty on the ground that the defendant did not have a criminal intent to commit fraud or that there was a criminal intent to commit fraud, and in the case where the court below did not submit additional evidence to acknowledge the facts charged of this case in the trial, the court below's decision that acquitted the defendant is just, and it cannot be viewed that there was an error of mistake of facts, such as the prosecutor's assertion, and therefore, the prosecutor's above assertion is without merit.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.