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(영문) 서울중앙지방법원 2018.08.24 2018노261
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts) is as follows: (a) the Defendant did not comply with the obligation of the Defendant to prepare and deliver a “mark of the situation of attracting and raising funds,” which is necessary for the Defendant to obtain a loan; and (b) the Defendant did not comply with the obligation of the Defendant to deliver a “certificate of deposit and a written consent to the use of the funds,”

In full view of these circumstances, the criminal intent of deception and deception is sufficiently recognized in relation to the instant loan.

2. The lower court rendered a not-guilty verdict of the instant facts charged while sufficiently explaining the grounds for the judgment of innocence.

In light of the record of the evidence duly admitted and examined by the court below, even if the prosecutor bears further evidence submitted in the trial of the party, the facts, circumstances, and judgment of the court below are justified, and the evidence submitted by the prosecutor alone alone is sufficiently proven to the extent that there is no reasonable doubt about the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged in this case is not erroneous in the misapprehension of facts, and the prosecutor's assertion 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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