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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant deceivings the victim and defrauds the proceeds of machinery.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. The lower court rendered a not guilty verdict on the instant facts charged on the ground that “it is difficult to recognize that the evidence submitted by the prosecutor alone was the criminal intent to acquire the Defendant at the time of transaction,” on the grounds of the detailed circumstances in the item of “2. Determination” of the judgment.
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
subsection (b) of this section.
Therefore, prosecutor's assertion 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.