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(영문) 수원지방법원 2019.05.24 2018노8092
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (fact-finding) evidence submitted by the prosecutor, the defendant is fully aware of the fact that the defendant, even if he received human resources from the victim but did not have the intent or ability to pay the service cost, by deceiving the victim as if he did not pay the service cost, and acquired the amount of the service cost by deceit. The defendant is also aware of the intent of defraudation

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence of this case, based on the judgment of the court below, was deceiving the victim from the time when the defendant was supplied with human resources from the victim.

Inasmuch as it is difficult to readily conclude that there was a criminal intent to acquire fraud or to commit fraud, the protocol that judged the innocence of the instant facts charged is just and acceptable, and there was no new evidence that corresponds to the facts charged in the instant case in the trial, there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor in the lower judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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