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(영문) 대구지방법원 2018.06.08 2017노5291
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant's suspicion of fraud is clearly acknowledged in light of the victim's statement and the statement of text message messages, etc. of the gist of the grounds for appeal.

2. The lower court determined that the Defendant would have the victim’s children employed in the military unit on the basis of the detailed circumstances in the item of “2. Determination” of the judgment, based on the evidence alone, which corresponds to the facts charged.

It has been proved that there is no reasonable doubt that the victim was accused of the above money by deceiving the victim.

For the reason that it is difficult to see it, the instant facts charged was acquitted.

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is an error of law by misunderstanding legal principles or misunderstanding of facts as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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