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(영문) 대전지방법원 2015.08.27 2015노438

사기

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is reasonable to deem that the defendant did not have any intention or ability to contract electrical construction to C by taking over the scco construction site and taking over the scco construction site without objective data to support it. However, the judgment of the court below which acquitted the defendant as to the facts charged of this case is erroneous in the misapprehension of facts.

Judgment

The lower court determined that the Defendant, since the investigation agency and the court, consistently offered that the Defendant would contract for electrical construction when he/she takes over the scisco construction site and did not conclude that he/she received the cost of electrical construction and received the scisco construction site. Although he/she endeavored to take over the scisco construction site, he/she failed to do so, he/she denied the intent of deception and fraud. However, the Defendant had taken over the scisco construction site, and the Defendant’s statement at C’s investigation agency and investigation agency, which seems consistent with the facts of the instant case, stated that C was the process of taking over the scisco construction site and deceiving the victim to take over the scisco construction site at the high seas level, were “At the time, the Defendant would take over the scisco construction site at the time,” and that he/she would take electrical construction upon acceptance. As long as he/she reversed his/her statement to the effect that the Defendant was able to take over the scisco construction site, the remainder evidence submitted.

The prosecutor bears the burden of proving the facts charged in a criminal trial for the judgment of the trial court, and the recognition of guilt is sufficient that the judge has no reasonable doubt.