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(영문) 청주지방법원 2018.01.19 2017노455
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal, the criminal intent of acquiring the defendant can be fully recognized.

Nevertheless, the court below sentenced the defendant not guilty, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.

2. In full view of the evidence duly adopted and examined by the court below and the court below, the above evidence alone was proved to the extent that there is no reasonable doubt that the criminal intent of deception or deception of the defendant is beyond the reasonable doubt.

The court below's decision that it was insufficient to see is just and acceptable.

The judgment of the court below contains an error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the prosecutor.

It does not seem that it does not appear.

Therefore, the prosecutor's above assertion cannot be accepted.

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

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