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(영문) 춘천지방법원 2015.11.18 2014노941
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendants on the part of the defendants, although the defendants could sufficiently recognize the fact that they could obtain a loan of KRW 3 billion as security, which affected the conclusion of the judgment by misunderstanding the facts.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

Examining the reasoning of the lower judgment in light of relevant evidence and the record, the lower court is justifiable to have rendered a not-guilty verdict on the ground that there is insufficient evidence to support the fact that the Defendants deceptiond the victim that they would be eligible to receive a loan of KRW 3 billion as security of the forest land of this case on the grounds stated in its reasoning, and there is no sufficient evidence to deem that the facts charged of this case merely constitute a high probability beyond the suspicion of conviction. Thus, the Prosecutor’s assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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