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(영문) 서울동부지방법원 2018.10.19 2018노926

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (misunderstanding of facts), victims, G, and E’s statements, the lower court erred by misapprehending the facts and acquitted the Defendant of the instant facts charged, even if the Defendant was found to have failed to have an intention or ability to pay the remainder of the construction cost, excluding the advance payment,

2. In full view of the circumstances acknowledged by the evidence duly adopted and examined, the lower court, based on the evidence presented by the prosecutor, found the Defendant guilty of fraud.

It is difficult to recognize

The decision was determined.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding is just and acceptable, and since no new evidence was submitted in the trial, there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.