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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2020.06.19 2019노2815
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the fact that a report published on the N homepage contains the content that the Republic of Bari export was prohibited recently as the Republic of Bari increased the Gurith, and that the Republic of Barithians and the government office's permission for export are divided into two types of scrap metal, etc., it can be deemed that the Republic of Bari was prohibited from exporting the Gurith at the time of the instant case, that the seven containers received from the Defendant were not contained, and that the failure of the Defendant to file a complaint was due to the Defendant's continuous delivery of scrap metal instead of Gurith and the fact that the Defendant and the complainant prepared a contract for the supply of Gurithy, etc., the Defendant can be found guilty of the instant facts charged.

Nevertheless, the court below acquitted the charged facts of this case, and the court below erred by misapprehending the legal principles.

Judgment

The lower court determined that the evidence submitted by the prosecutor alone is difficult to view that the instant facts charged was proven without any reasonable doubt, and that there was no other evidence to acknowledge it, in light of the following: (a) it is difficult to view that the Republic of Ghana was prohibited from taking out of Guide from January 19, 2012; (b) it cannot be readily concluded that the Defendant did not have the right to collect Guide in the Republic of Ghana at the time of the instant case; and (c) the credibility of C’s statement that the Defendant did not contain Guide on the container sent by the Defendant.

There is no additional evidence concerning the facts charged in this case at the trial court, and it is recognized by the evidence duly adopted and examined by the court below on the circumstances properly presented by the court below.

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