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(영문) 인천지방법원 2018.02.09 2017노3858
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant deceivings the victim as stated in the facts charged and defrauds 3 million won can be fully recognized, but the court below is insufficient to prove the facts charged.

The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Determination

A. The lower court, based on the evidence submitted by the prosecutor, found that the Defendant, based on the evidence submitted by the prosecutor, had proved, without reasonable doubt, that the Defendant, even without any intention or ability to leave the land reclamation to the victim at the time, was deceiving the victim as if he had such intention or ability.

It is difficult to see the facts charged, and on the grounds that there is no other evidence to acknowledge it, the court acquitted the Defendant on the charges.

B. Examining the reasoning of the judgment below closely in comparison with the records, the judgment of the court below not guilty of the facts charged is just and acceptable, and there are no sufficient and sufficient circumstances and evidence to clearly oppose the facts established by the court below in the trial, and there are no errors of law by mistake of facts as alleged by the prosecutor in the judgment of the court below.

subsection (b) of this section.

3. The appeal by the prosecutor of the conclusion 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.

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