사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles), the criminal intent can be recognized by deception against the defendant.
2. Determination
A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction conducted, insofar as the Defendant does not make a confession. Meanwhile, the recognition of guilt should be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, even if there is suspicion of guilt against the Defendant, it should be determined as the benefit of the Defendant. This also applies to the recognition of the criminal intent, which is a subjective element of the crime of fraud.
B. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for its determination.
(c)
Examining the evidence duly adopted and examined by the lower court and the first instance court in light of the record, the evidence produced by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the instant facts charged.
Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the legal principles as alleged by the public prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.