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(영문) 서울동부지방법원 2014.07.17 2013노1255
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal can be seen to the purport that the victim's statement, such as: (a) the defendant offered a part of the golf course construction work and requested a presentation of the representative of the subcontractor with the loan of KRW 100 million; and (b) the victim's statement consistently offered money to the defendant to allow the defendant to participate in the golf course construction from the initial stage of the investigation; and (c) if the victim and the defendant borrowed money to the defendant as a result of the introduction of the work related to the golf course construction, not from the personal-friendly relationship; (d) it is reasonable to deem the victim to have been allowed to participate in the construction in return for the benefit of giving the defendant; (e) however, the court below erred by misapprehending the legal principles that there

2. The witness I of the trial court stated that if the defendant lent KRW 100 million to the golf course construction, he would allow the defendant to participate in the golf course construction and requested to lend money to many persons, including himself and the victim. However, the witness stated that it cannot be specifically determined whether the victim lends KRW 27 million to the defendant due to any kind of tobacco. In addition to these witness I's statement, in light of the evidence duly adopted and investigated by the court below and the reasons for the decision of the court below, a thorough examination of the evidence and the reasons for the decision of the court below, the decision of the court below that acquitted the defendant of the facts charged in this case is just and acceptable, and it cannot be said that there was any error by misconceptioning the facts as argued by the prosecutor, which affected

The prosecutor's assertion of mistake is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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