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(영문) 부산지방법원 2020.06.12 2019노3433
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the defendant could fully recognize the fact that the defendant deceivings victims as stated in the facts charged in the instant case, thereby deceiving them.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which acquitted all of the facts charged of this case.

2. The lower court found the Defendant not guilty of all the charges of this case on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant had the intention to deceive the victims, and that there was no other evidence to acknowledge it.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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.

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