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(영문) 대구지방법원 2018.01.12 2017노867
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. Fraud against the victim D is found to be a fraud. ① K evaluated that the whole of seven points delivered by the defendant among the sex possession of this case is valuable, ② the sample of one sample is found to be modern (1950) as a result of the measurement of carbon solidarity with respect to the sample of the two points taken from the "Thon non-existence of wood", ③ the appraisal in the related civil procedure, the above seven points were proved to be forged, ④ the defendant reversed the statement about the source of some relics, ⑤ the defendant filed an application for the designation of cultural heritage with the State and Si, but the cultural heritage investigators presented opinions that there was no value as cultural heritage. In light of the fact that the cultural heritage investigators presented opinions that there was no value as cultural heritage, the judgment of the court below acquitted the defendant of this part of the facts charged, and found the defendant guilty of this part of the charges.

B. In full view of the evidence submitted by the prosecutor to the charge of the fraud of the victim H, the court below found the defendant not guilty of this part of the facts charged, even though it is obvious that the defendant had the criminal intent to acquire by deception.

2. Determination as to the fraud against the victim D among the facts charged in the instant case

A. In full view of the following circumstances acknowledged by the evidence submitted by the prosecutor, the lower court determined that there is room to view that most of the instant sexual relics or seven points delivered with the primary water is valuable, and that there is a doubt that the Defendant had no intention to deliberate to allow the risk of sale of the instant sexual relics at least while recognizing the possibility that the instant sexual relics are valuable, but considering all of the following circumstances admitted by the record, the evidence submitted by the prosecutor alone is identical to the facts charged.

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