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(영문) 부산지방법원 2017.12.08 2017노3022

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although it could sufficiently recognize the fact that the defendant deceivings the victim and defrauds the victim of KRW 290 million. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, the facts charged of this case, which the court below, based on the evidence submitted by the prosecutor, obtained by deceiving the victim and obtained by the delivery of KRW 290 million, was proved to the extent that there is no reasonable doubt for deliberation.

It is difficult to view it.

In light of the facts charged in this case, the disposition that judged the innocence is just and acceptable, and there is no error of misconception of facts as alleged by the prosecutor.

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 appeal is without merit. It is so decided as per Disposition.