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(영문) 서울동부지방법원 2018.11.16 2018노1245
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor, although the Defendant could fully recognize the fact of deceiving E without intent or ability to purchase golf loans, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant not guilty of the facts charged of this case is just and just, and since the court below did not submit new evidence corresponding to the facts charged of this case in the trial, there was an error of mistake of facts as alleged by the prosecutor in the judgment of the court below, on the grounds that the evidence of this case, based on the judgment of the court below, is insufficient to recognize the fact that the defendant deceivings E without intent or ability to purchase golf loans, and by deceiving it

It does not seem that it does not appear.

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 appeal is without merit.

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