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(영문) 대전지방법원 2017.08.24 2017노332
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the prosecutor's appeal (misunderstanding of the facts) is consistent and detailed, that the statement made by A to the effect that the Defendants participated in the instant fraud crime is consistent and reliable, and that the insurance money acquired by A was deposited into the account of J Co. operated by Defendant B, and thus sufficient motive for the crime of Defendant B was committed, and that L Co., Ltd in charge of the repair and maintenance of automobiles in the above company made a statement to the effect that the Defendants impliedly known the Defendants of the crime of fraud A, as stated in the instant facts charged, the Defendants conspired with A and obtained money from the victim insurance company as stated in the instant facts charged, and acquired it by fraud, but the lower court acquitted the Defendants.

2. The court below held that there was a considerable doubt that the defendants committed the crime of this case under the conspiracy with A, but in full view of the circumstances such as the statements of the court below duly adopted and investigated by the court below, the evidence submitted by the prosecutor including A is insufficient to acknowledge the facts leading to the commission of the crime of this case, and that there is no other evidence to acknowledge this differently, and sentenced the defendants not guilty. The judgment of the court below is just and it is not erroneous in the determination of the court below, and there is no error of mistake of facts as alleged by the prosecutor.

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

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