특정경제범죄가중처벌등에관한법률위반(사기)등
The prosecutor's appeal is dismissed.
The prosecutor asserts that the court below's decision that acquitted was erroneous by mistake of facts or by misunderstanding of legal principles, since it is proved that the defendant did not have the intent or ability to pay the construction cost at the time of the contract.
However, the lower court’s judgment is justifiable in determining that there was a criminal intent by deception against the Defendant, even if the prosecutor’s assertion is considered on the grounds of appeal, by comparing various circumstances cited by the lower court with the record and closely examination.
There is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor on the grounds of appeal.
The prosecutor's appeal is dismissed for lack of reason.