logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.20 2017노2482
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts, and misapprehension of the law), there are errors in the misapprehension of the facts or legal principles in the first instance trial that acquitted the defendant, even though the injured party has sufficiently recognized the fact that he remitted 40,000,000 won as the deposit money for the lease in the name of the defendant's deception, and the criminal intent to acquire the defendant's fraud (in the case of fraud), the defendant altered the lease agreement and presented it to the victim (in the case of the exercise of private document alteration and alteration documents), and the fact that the injured party has disposed of the rights kept for the defendant and the deposit money with the intent to acquire unlawful acquisition (Embezzlement).

2. The first instance court rendered a judgment of not guilty on the ground that the entire facts charged in the instant case constitute a case where there is no proof of crime, based on detailed circumstances recognized by evidence.

In light of the records, a thorough examination of the circumstances presented by the first instance court in light of the records, the first instance judgment is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

It does not appear.

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.

arrow