사기
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, even if the defendant borrows money, it can be acknowledged that the defendant deceivings the victim without any intention or ability to repay such money and borrows money from the victim.
Nevertheless, the court below found the defendant not guilty and erred in the misconception of facts.
2. Examining the evidence duly adopted and examined by the court below closely, the evidence submitted by the prosecutor alone, as stated in detail, did not have the intent or ability to repay the money to the injured party at the time of borrowing the money from the injured party.
It is difficult to readily conclude, and there is no other evidence to acknowledge it.
Therefore, the prosecutor's assertion that the judgment below erred by mistake of facts is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.