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(영문) 서울중앙지방법원 2020.02.13 2019노1482
사기등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. In full view of the fact that the defendant has forged or used the lease contract, it can be sufficiently recognized that the defendant has taken money by deceiving the victim.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the charge of fraud on the ground that the evidence presented by the prosecutor alone cannot be deemed to have proved without any reasonable doubt that the Defendant acquired money by deceiving the victim, and that there is no other evidence to recognize it.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.

The prosecutor's assertion is without merit.

3. The final appeal is dismissed.

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