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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent with the facts charged in this case, and the victim's statement is not well-founded, and all kinds of evidence, such as cash withdrawal, cash account books, cash account books, cash account books, L's statement, etc., are also reliable in line with the victim's statement.
On the other hand, the defendant's assertion that he/she received KRW 20 million as translation fee is insufficient in itself as the assertion itself, and there is no evidence to support this, and there is no credibility.
According to the statements of the victim with credibility, although the defendant had sufficiently recognized the fact of deceiving the victim as stated in the facts charged of this case, the judgment of the court below that acquitted the defendant, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the instant facts charged was acquitted on the ground that it is difficult to deem that the Defendant’s deception was sufficiently proven.
① The victim’s statement that corresponds to the facts charged of this case is not consistent with the reason why the victim gave money to the defendant, and the circumstances leading up to the deception, and thus, credibility is insufficient.
② In the event that the Defendant received KRW 10 million from a victim in the middle of March 2015, there is no specific statement from the victim, and there is no evidence corresponding thereto.
③ As to the Defendant’s assertion that KRW 20 million received by the Defendant is the consideration for translation of the documents between Co., Ltd. (hereinafter “E”) and “C” (hereinafter “C”) located in New Zealand, the victim’s statement contrary thereto is insufficient due to lack of consistency, and the J and K’s statement conforms to the Defendant’s assertion.
B. The court below and this court have duly adopted the circumstances stated in the judgment of this court.