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(영문) 서울중앙지방법원 2013.10.23 2013노2195

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Fact-finding of the gist of the grounds for appeal (the court of first instance that rejected the credibility of the victim F's statement, etc. that conforms to the facts charged in this case and acquitted the defendant, which affected the conclusion of the judgment). 2. The court of first instance alleged that the victim loaned a sum of KRW 196,00,000,000 stated in the facts charged to the defendant when the victim asks the defendant to lend the H legal office operation funds, unlike the case in the relevant civil case (151 pages of the trial record), and that the victim's explanation about KRW 4 million which was deducted from the amount of KRW 46,00,000 on August 29, 2008, was not consistent (the victim's above 4,000,000 won, as alleged by the defendant at the court of first instance, is hard to accept the prosecutor's allegation that there is no other legitimate evidence to support the facts charged, such as misconception of facts in light of the court's reasoning and there is no other sufficient evidence to accept it.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.