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(영문) 부산지방법원 2021.01.07 2020노1334
사기
Text

The prosecutor's appeal is dismissed.

Reasons

According to the summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) evidence, there was a criminal defendant's intentional fraud.

It is reasonable to see that there is a substantial relation between the defendant's deception and the victim's damage.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on different premise is erroneous in the misapprehension of facts and legal principles.

Judgment

Comprehensively taking account of the evidence duly adopted and examined, the lower court recognized the following facts and circumstances in detail as to the relationship between the Defendant, the victim, and the F, the circumstance in which the victimized person lent money to the Defendant, the details of the use of money borrowed by the Defendant, etc., and proven, without doubt, that the evidence submitted by the prosecutor alone either intentionally acquired the Defendant, or that there was considerable causal relationship between the Defendant’s deception and the victim’s damage.

It is difficult to see

In light of the foregoing, the Defendant acquitted the Defendant on the charges of this case.

In comparison with the above judgment of the court below, a thorough examination is conducted by comparing the above judgment of the court below with the records, and in addition, with regard to the circumstance that the injured party lends money to the defendant in the course of the accusation and the prosecutor's investigation, "F would lend money to the defendant" and "F would lend money to the defendant (F)" and "I would like to lend money to the defendant," and therefore, F would have remitted money to the defendant's deception and the victim's losses."

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is just, and contrary to the prosecutor’s assertion, it did not err by misapprehending the legal principles, thereby affecting the conclusion.

The prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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