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(영문) 수원지방법원 2020.08.14 2020노1712
사기
Text

The prosecutor's appeal is dismissed.

Reasons

According to the summary of the grounds for appeal submitted by the prosecutor, even though the defendant could recognize the fact of deceiving the victim as stated in the facts charged by deceiving the victim and deceiving the property, the judgment of the court below that acquitted the defendant is erroneous.

2. In full view of the facts revealed through the evidence duly adopted and examined, the lower court, based on the evidence submitted by the prosecutor, thereby deceiving the victim.

The facts charged in this case were acquitted on the ground that it cannot be deemed that the fraud was intentional.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the evidence submitted in the trial of the court of first instance is merely a text dialogue with the fact that the defendant has inflicted damage on the victim and requested the withdrawal of the complaint on March 10, 2020, which is the process of the trial of the court of first instance, and it cannot be seen as different from the judgment of the court below even if the above evidence is presented, so the judgment of the court below is erroneous by misunderstanding the facts as pointed out by the prosecutor

3. In conclusion, the prosecutor's appeal 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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