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Escopics
Defendant
Appellant. An appellant
Prosecutor
Prosecutor
Current reasons (prosecution) and profit exchange (public trial)
Judgment of the lower court
Busan District Court Decision 2017Dadan1337 decided August 24, 2017
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
According to the evidence submitted by the prosecutor, even though it can be sufficiently recognized that the defendant had had the intent or ability to repay, and acquired the loan by deceiving the damaged company, the court below acquitted the defendant of the facts charged in this case. The judgment of the court below is erroneous in the misunderstanding of facts,
2. Determination
Examining the evidence of this case in detail in light of the records, the court below's decision that the defendant had a criminal intent to obtain fraud at the time of lending, or actively or passively deceiving the damaged company at the time of lending, or that there is no causation between the defendant's deception and the act of disposal of the damaged company, is just and acceptable, and there is no error of misunderstanding of facts as argued by the prosecutor. Accordingly, the prosecutor's argument is without merit.
3. Conclusion
Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges' Profit-based (Presiding Judge)