사기미수
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is sufficiently recognized inasmuch as the Defendant asserts that the content of the claim for damages against E is clearly false, while recognizing that the content of the claim for damages is clearly false, and claims overlap to the part for which the determination of the amount of litigation costs has already been made in the above lawsuit.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The lower court rendered a not guilty verdict on the instant facts charged, on the grounds indicated in its reasoning, on the ground that the evidence alone presented by the prosecutor cannot be deemed as deceiving the court in order to acquire E’s property or property benefits by obtaining a favorable judgment.
In light of the records, the above measures of the court below are just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.
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 as it is without merit. It is so decided as per Disposition.