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(영문) 서울중앙지방법원 2020.10.16 2020노99
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the judgment of the court below that acquitted the defendant on the ground that the defendant conspireds with B to obtain money from the victims is erroneous in the misconception of facts.

2. The court below stated in Paragraph 2 of the judgment of the court below in detail the judgment on the above facts charged, and found the defendant not guilty on the ground that it is difficult to view that there is no reasonable doubt about the fact that the defendant conspireds with B to acquire money from the victims as stated in the facts charged, and it is difficult to view the defendant as a principal offender, and that there is no intention to assist in the crime of defraudation by B. In light of the records, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as pointed out by the prosecutor of the court below.

Therefore, prosecutor's assertion 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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