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(영문) 서울남부지방법원 2020.12.08 2020노946

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the intent to acquire by deception is recognized as to the summary of the grounds for appeal, the lower court erred by misapprehending the facts and thereby acquitted the Defendant.

2. In full view of the circumstances as indicated in its reasoning, the lower court determined that it is difficult to view that the evidence submitted by the prosecutor alone alone was proven to the extent that there is no reasonable doubt as to the fact that the Defendant had a criminal intent to defraud, and that there is no other evidence to acknowledge

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it 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 ground that it is without merit. It is so decided as per Disposition.