(영문) 서울남부지방법원 2018.12.11 2017노2017

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.12.11 2017노2017

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) the Defendant used the money borrowed from the injured party for the use of the E special right deposit without the consent of the injured party; (b) the Defendant would have not lent the money to the injured party if the injured party stated the use of the borrowed money; and (c) the Defendant would have not been able to repay the borrowed money to the injured party even if he borrowed the money from the injured party for the use of the E special right deposit; and (d) the Defendant did not have any intent or ability to repay the borrowed money to the injured party, taking into account the fact that at least KRW 200 million was required in order to proceed with the E special right contract; and (d) the Defendant did not have any ability to repay the borrowed money to the injured party even if he borrowed

Therefore, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. On the grounds indicated in its reasoning, the lower court determined that the Defendant, despite the fact that the Defendant did not have any intent or ability to pay the deposit money under the E-specific printing contract or to repay the borrowed money to the victim, or that the Defendant had any intent to commit the

It is difficult to conclude it.

In light of the facts charged, the lower court acquitted the instant charges.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's determination of not guilty of the facts charged in this case based on its judgment is just and acceptable, and the evidence submitted by the prosecutor alone alone proves that the facts charged in this case is beyond reasonable doubt.

shall not be deemed to exist.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous as alleged by the prosecutor.

Therefore, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act.

유사 판례

-의정부지방법원 2013.04.18 2012노2534

-수원지방법원 2017.09.01 2017노2640

-수원지방법원 2016.03.16 2015노5174

-수원지방법원 2016.03.11 2014고단6660

-수원지방법원 2020.12.09 2019노6265