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(영문) 서울중앙지방법원 2019.01.11 2018노3223
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below ruled not guilty of all the facts charged of this case, and the prosecutor appealed only with respect to the fraud of defraudation of investment funds in commodities of No. 8, and did not appeal with respect to the fraud of defraudation of investment funds in commodities of No. 6.

Therefore, each fraud listed in the annexed list of crimes (1) in the judgment of the court below shall be excluded from the scope of the judgment of the court.

2. The summary of the grounds for appeal (fact-finding) was that the Defendant had no choice but to use the investment funds from investors in the goods of No. 8 at the time when they received the investment funds from other goods.

Nevertheless, the defendant paid the investment principal and profit to the investors of 8 commodities in return for the payment of the investment principal and profit, so it can be recognized that the defendant acquired the investment money of 8 commodities.

3. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence alone submitted by the prosecutor alone is insufficient to recognize that the Defendant, with respect to the goods of subparagraph 8 by deceiving the victims as stated in the facts charged, and that there is no other evidence to acknowledge it.

In light of the following circumstances acknowledged by the above evidence, the judgment of the court below is legitimate, and there is no error of law of misunderstanding of facts as alleged by the prosecutor. A. There is no error of law as otherwise alleged by the prosecutor.

The burden of proof for the crime prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

(b)if any;

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