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(영문) 인천지방법원 2020.09.11 2019노2240
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, although D and E did not have worked at the construction site of the victim company, and the Defendant could fully recognize the fact of deceiving the victim company to obtain money from D and E, the lower court acquitted the Defendant of the facts charged in this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, it is difficult to view that the evidence presented by the prosecutor alone, for the reasons stated in its holding, is insufficient to prove that the defendant, by deceiving the victim company, obtained money from the victim company for wages D and E, to the extent that there is no reasonable doubt that there is no other evidence to acknowledge this, the court below's decision that the defendant was acquitted of the facts charged of this case is just, and there is no error of misunderstanding of facts as argued by the prosecutor.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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