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(영문) 서울북부지방법원 2016.09.30 2016노667

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of the victim and related persons on the grounds of appeal, despite the fact that the defendant could sufficiently recognize the fact of deceiving the victim as if the defendant had been given a high-class 30 household's right of execution, the court below erred by misapprehending the legal principles on the facts charged of this case.

2. In light of the records, a thorough examination of the records reveals that, in full view of all the evidence submitted by the Prosecutor, the fact that the Defendant, even though the Defendant did not have the intent or ability to transfer the right of construction of high-class borrowing, deceiving the victim as if the number of construction licenses is clear, was proven without reasonable doubt.

subsection (b) of this section.

For the reasons indicated in its holding, the court below was just to have rendered a not-guilty verdict on the defendant's charges of this case, and it was erroneous by the prosecutor's omission of facts as alleged in

subsection (b) of this section.

3. We cannot accept the appeal by the prosecutor of conclusion.