사기
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (the mistake of facts and the misapprehension of legal principles), it is difficult to deem that the Defendant lent KRW 50 million to the Korea-U.S. J on October 31, 2001, and the Defendant also recognized that the investigative agency was the guidance of the amount of KRW 50 million remitted on January 10, 2003 at the investigative agency, and the Defendant prepared a false loan certificate with K and files a lawsuit against the aboveJ while using the false loan certificate, etc., the lower court acquitted the Defendant, even if the Defendant was aware of the fact, by deceiving the court, and thereby, acquitted the Defendant of the money from the victim. In so doing, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.
2. The court below rendered a not-guilty verdict against the defendant on the grounds as stated in its holding, and examined the various circumstances recognized by the court below closely by comparing them with records, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.