사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) In addition to the economic situation of the defendant's victim's statement in the instant case and the implementation status of the hotel business, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby acquitted the defendant.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that found the defendant not guilty of the facts charged in this case is justified, and since the court below did not submit any new evidence corresponding to the facts charged in the trial, it erred in the misapprehension of facts or by misapprehending legal principles as pointed out by the prosecutor in the judgment of the court below, on the ground that " it is difficult to believe that C's statement that he paid money due to mistake was not caused by the defendant's deception is insufficient to recognize the facts charged" based on the evidence judgment of the court below, which affected the conclusion of the judgment.
It does not seem that it does not appear.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.