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(영문) 서울동부지방법원 2018.10.19 2018노930

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the gist of the grounds for appeal (misunderstanding of the facts) of the Defendant’s financial status, the method in which the Defendant operated the system, etc., the lower court found the Defendant not guilty of the facts charged of this case by misunderstanding the facts.

2. In full view of the circumstances admitted by the evidence duly admitted and investigated, the lower court determined that the Defendant, based on the evidence submitted by the prosecutor, by deceiving the victims without any intention or ability to pay an advance payment from the beginning, received an advance payment.

It is difficult to conclude it.

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 the prosecutor's appeal is without merit, and it is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the court below's decision was changed to "each member who failed to pay the fraternity money has transferred his ownership by water repayment to the fraternity and paid the proceeds of sale to the fraternity."