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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.09.27 2013노2424
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the following: (a) the Defendant stated the fact that the purchase price was received in currency with the victim immediately after the purchase price was set, (b) delivered a seal imprint certificate and a certificate of personal seal impression to D to prepare a notarized document on the purchase and sale of land use rights; and (c) there was a hostile sale of neighboring land to the victim before trading the right to use the land in this case, and there was credibility in the victim’s statement; and (d) C and D are co-offenders and cannot reject the victim’s statement on the grounds of their statement. Thus, the facts charged in this case are fully found guilty.

However, the judgment of the court below which acquitted the defendant.

However, the lower court rendered a not guilty verdict on the facts charged of this case on the ground that the statements made by D and C directly involved in selling the right to use the land of this case, including the Defendant’s cultivated land, conforms to the Defendant’s defense, and the statements made by the victim are inconsistent, as well as the statements made by D and C are inconsistent with those made by the above D and C, making it difficult

In light of the records, a thorough examination of the evidence of this case is consistent with the above judgment of the court below, and there is no error as claimed by the prosecutor.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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