사기미수등
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is as follows: (a) the Defendant filed a false claim in the lawsuit, even though he/she was aware that his/her obligation stated in the cash custody certificate was not repaid; and (b) filed a lawsuit based on the claim already repaid, and filed a false report.
Nevertheless, the judgment of the court below which acquitted the charged facts shall be erroneous, which affected the conclusion of the judgment.
2. In light of the circumstances stated in its holding, the lower court rendered a not guilty verdict on the ground that it is difficult to view that the Defendant, only the evidence submitted by the prosecutor, by well aware of the fact that the Defendant remains in a cash custody certificate, by deceiving the court or reporting false facts by filing a complaint against B, is difficult.
Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by
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.