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(영문) 부산지방법원 2020.04.03 2019노1896
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant deceivings the victim as stated in the facts charged of this case and defrauds 100 million won can be fully recognized.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to deem that the evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the fact that the Defendant deceiving the victim and deceiving the victim of KRW 100 million.

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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