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(영문) 서울동부지방법원 2019.08.09 2018노1680
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although it can be sufficiently recognized that the defendant had a criminal intent to acquire money from the victim, such as the facts charged, but the court below acquitted the defendant of the facts charged in this case. The court below erred

2. The lower court determined that the instant facts charged was not guilty on the ground that it is difficult to deem that there was proof to the extent that there was a criminal intent to deception or deception the Defendant, by taking account of the circumstances acknowledged by the evidence duly adopted and investigated.

In light of the records, after closely reviewing the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding is just and acceptable, and there is no additional evidence submitted in the trial, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor in the judgment of the court below.

3. In conclusion, 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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