사기
The prosecutor's appeal is dismissed.
According to the evidence submitted in the summary of the grounds for appeal (fact-finding), the defendant deceivings the victim that he still has his business registration certificate of E, a stock company which has already closed its business, and in spite of the lack of his construction experience, he did not have the ability to conduct the test of his pharmacy in accordance with the due date as prescribed by the terms of the contract, thereby deceiving the victim, concluding a construction contract, and receiving the down payment.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
Judgment
The court below cannot be deemed that the defendant had the ability to perform the interior works, but it seems that the defendant could not complete the construction works properly because he could not have the ability to perform the interior works suitable for the pharmacy, and that the defendant could not have completed the construction works properly. The defendant actually invested a considerable portion of the money received from the victim in the construction work, actually carried out the considerable part of the construction work, and was expected to have been endeavored to implement the construction work, and whether the victim is an individual or a company at the time of selecting the company under the contract of the construction of this case.
In full view of the fact that the submitted evidence alone seems not to have been a lawsuit, it is difficult to conclude that the Defendant, even though there was no intention or ability to complete the construction from the beginning, by deceiving the victim and by deceiving the victim, acquitted the Defendant of the facts charged in this case
In addition to the results of further examination of evidence conducted in the trial court, a thorough examination of the records of this case is recognized as legitimate and there is no violation of law of misunderstanding of facts 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.