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(영문) 인천지방법원 2020.06.12 2019노3501
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal submitted by the prosecutor, although the court below acquitted the victim of this part of the facts charged although the defendant could sufficiently recognize the fact that the defendant deceivings the victim to transfer 50,000 won to the defendant's F account, the court below acquitted the victim of this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts in the acquittal part

2. Examining the evidence of this case in detail in light of the records, the court below's decision that the defendant was not guilty of this part of the facts charged is just and acceptable, and there is no error of law of misunderstanding of facts as claimed 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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