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(영문) 서울남부지방법원 2019.11.22 2018노1925
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted in the court below's summary of the grounds for appeal, the court below found the defendant not guilty even though the defendant had sufficiently recognized the fact of deceiving the victim by deceiving the victim, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. The court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge that there was a criminal intent to deception and deception, and there is no other evidence to acknowledge it, in light of the circumstances as stated in its reasoning, which can be seen by the evidence duly adopted and investigated by the court below.

Examining the judgment of the court below closely with the records, the above judgment of the court below is just, and the prosecutor's assertion is without merit.

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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