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(영문) 수원지방법원 2015.07.03 2014노6475

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal states that the defendant lent money as stated in the facts charged of this case. In full view of the fact that the defendant prepared a receipt after receiving money from the victim and used it for personal debt repayment immediately after receiving money from the victim, the defendant shall be deemed to have taken money by deceiving the victim as stated in the facts charged of this case.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In light of the circumstances stated in the judgment, the court below found the Defendant not guilty of the facts charged in this case on the ground that it is difficult to evaluate that the Defendant made a statement to the same effect as the facts charged, and furthermore, it cannot be readily concluded that the Defendant lent money to the victim due to such a statement, and the evidence submitted by the prosecutor alone cannot be deemed as having no intent to use the money received from the victim as registration fees, etc., as stated in the facts charged in this case.

In light of the records, a thorough examination of the evidence of this case is consistent with the disposition that judged not guilty of the facts charged of this case by considering the circumstances asserted by the prosecutor, and there is no error of mistake of facts as alleged by the prosecutor.

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