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(영문) 인천지방법원 2018.01.12 2017노3027
유사수신행위의규제에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, even though the defendant sufficiently recognized the fact that he received similar facts as stated in the facts charged, the lower court is insufficient to prove the charges.

The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. The lower court, based on the evidence presented by the Prosecutor, found that the Defendant, as the head of the New History Center, was sufficiently proven to the extent that there is no reasonable doubt as to the fact that the Defendant received money by explaining the investment to its members and making an investment agreement as stated in the facts charged.

It is difficult to see otherwise, and on the grounds that there is no other evidence to acknowledge it, the lower court acquitted the charge.

Examining the evidence of this case closely in light of the records, the above judgment of the court below is just and acceptable, and there is a violation of law of misunderstanding of facts as argued by the prosecutor, even if the witnessO's statement additionally examined in the court below was presented in this court.

It does not seem that it does not appear.

Therefore, prosecutor's argument cannot be accepted.

3. The appeal by the prosecutor of the conclusion 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.

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