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(영문) 서울서부지방법원 2020.05.14 2019노1412
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, it is sufficiently recognized that the instant sequence system, even though around October 2016, had been spreaded by the Prosecutor, deceiving the victim as if the Defendant had been properly operated.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the facts charged of this case.

2. On the grounds indicated in its reasoning, the lower court, based on its stated reasoning, dismissed the victim as to the intent and ability of the Defendant to obtain money through deception.

It was judged that it is difficult to conclude that there was a criminal intent for fraud or fraud.

Examining the judgment of the court below in light of the evidence duly adopted and examined by the court below and the court below, it is just and acceptable to determine it, and it does not seem that there was an error of mistake of facts as pointed out by the prosecutor.

The prosecutor's assertion is without merit.

3. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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