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(영문) 인천지방법원 2016.05.20 2016노383
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the victim F Co., Ltd. of the facts charged in this case on the ground that the defendant, although he had no intent or ability to pay the construction cost, could have acquired pecuniary benefits equivalent to the amount of the construction cost from the victim by deceiving the victim F Co., Ltd., the court below erred by misapprehending

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below is justified in finding the defendant not guilty of the facts charged in this case for the reasons indicated in its holding, and there is an error of law by misunderstanding facts or by misunderstanding legal principles as otherwise alleged by the prosecutor in the judgment below, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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