logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.15 2016노5261
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor on the grounds of appeal, the judgment of the first instance that acquitted the defendant of the charge of deception and deception is erroneous in the misapprehension of facts and affecting the conclusion of the judgment, even though it is sufficient to recognize the criminal intent of deception and deception by the defendant.

2. Even if the testimony of the witness AG in the trial at the end of the market, it is reasonable for the first instance court to determine that it is not sufficient to conclude that the defendant, as stated in its reasoning, was guilty of mistake as alleged by the prosecutor of the first instance judgment, because the defendant, under the Act on Special Cases concerning Family Relations, Inheritance, etc. between Residents of South and North Korea, helps a resident of North Korea to inherit, use, and benefit from the property of the deceased K, thereby obtaining profits therefrom, and it is possible to complete the payment of the damages incurred during the period, including the victims, and it is not sufficient to conclude that the defendant, with the intent to acquire by deception against the victims, and with the victim's money as stated in the facts charged, has lent money as the charges, and that there is an error of mistake as otherwise alleged by the prosecutor of the first instance judgment.

subsection (b) of this section.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow