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(영문) 서울남부지방법원 2020.12.17 2020노53
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, even though he did not have the intent or ability to use the victim's land adjacent to D, acquired money and the picture by deceiving the victim to use it.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances stated in its reasoning, the lower court, based on the evidence submitted by the prosecutor, did not have the intent or ability to allow the Defendant to use the land adjacent to D.

The defendant was not guilty on the ground that it is difficult to deem that the defendant was guilty of fraud.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above 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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