사기
The prosecutor's appeal is dismissed.
According to the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendant borrowed the same amount as the facts charged (including KRW 40 million on May 20, 2015, KRW 10 million on May 31, 2016, and KRW 10 million on May 31, 2016) from the injured party, and that the Defendant did not have the intent or ability to repay each borrowed amount.
Judgment
The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in this case cannot be seen as unlawful as alleged by the public prosecutor.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure, since it is obvious that "the defendant" in the 21st sentence of the judgment below is "the damaged person", and "the 1,000 won" in the 5th sentence is "the 10 million won" and "the 21st sentence of the judgment below is correct ex officio in accordance with Article 25 of the Regulation on Criminal Procedure).