사기
The prosecutor's appeal is dismissed.
1. The court below acquitted the defendant of the facts charged in this case although the defendant was unable to pay the clothes from the victim at the time of receiving the clothes.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Examining the evidence duly adopted and examined by the lower court, it is difficult to readily conclude that the Defendant had no intent and ability to repay the clothes at the time of supply, such as the instant facts charged, based on all the evidence submitted by the Prosecutor, as stated in detail in the lower court.
Therefore, the prosecutor's assertion that the judgment of the court below which acquitted the defendant is erroneous in mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.