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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) clearly recognizes that the Defendant did not have the authority to lease each of the units of this case at the time of entering into each of the units of this case, but deceiving the victims as if he had the intent and ability to use each of the units of this case normally, and acquired the lease deposit and the rent from the victims.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial on the relevant legal principles is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for a judge to have the conviction that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.
Judgment
A thorough examination of the evidence duly adopted and examined by the court below compared with the reasons stated by the court below, and considering the following circumstances revealed by the above evidence in light of the above legal principles, the evidence submitted by the prosecutor alone, by deceiving the victims as if the defendant had the intent or ability to use the defense room of this case in a normal manner, and by deceiving the victims of lease deposit or rent money from the victims.
It is difficult to deem that the victims have suffered damage corresponding to them to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.
Therefore, the judgment of the court below is just and acceptable, and it cannot be said that there was an error affecting the judgment by misunderstanding facts.
1 In the present building of this case, the entire right of retention of the building, and all visitors should pass through the underground guard room.