사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant had no intention to repay the borrowed money at the time of borrowing money from the victim D; and (b) there was a criminal intent to defraud the victim’s money.
must be viewed.
Nevertheless, the court below held that the defendant did not have any intention or ability to repay 13.5 million won when he borrowed 13.5 million won from the injured party.
The court below acquitted the defendant on the ground that it is difficult to see it, and the court below erred by misunderstanding facts and misunderstanding of legal principles.
2. In light of the records, a thorough examination of the evidence duly adopted and investigated by the court below is justified to determine the defendant not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and there is an error of law by misconception of facts alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, 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.