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(영문) 대구지방법원 2016.11.18 2016노2259
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the statement of consistent damage by the victim; (b) the Defendant used personal debt repayment, etc. different from the original victim’s notification immediately after receiving the remittance of the borrowed money; and (c) the Defendant appears to have been able to prevent the Defendant from lending money by means of construction works and sales agency from other persons in a situation where the Defendant is unable to carry out business such as construction works or pay the money in a timely manner, in view of the records and the content of the accused’s complaint filed by fraud; (c) the lower court acquitted the Defendant of all the charges of this case; (d) however, the lower court acquitted the Defendant

2. Examining the evidence of this case in detail in light of the records, the court below, based on the evidence submitted by the prosecution, by deceiving H, and 100 million won as L/C acquisition fund, by deceiving the defendant, and 100 million won as L/C acquisition fund, respectively.

It is reasonable that all of the charges of this case is not proven beyond a reasonable doubt as to the fact that the defendant had a criminal intent to acquire fraud, and there is no other evidence to acknowledge it, and the protocol that judged not guilty of all of the charges of this case is just, and there is no error of mistake of facts as claimed by the prosecutor.

Therefore, prosecutor's 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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