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(영문) 인천지방법원 2017.03.10 2016노2180
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the facts (misunderstanding of the facts as to the acquittal portion against the Defendants) F would sell and encash the iron bars after receiving the bill of this case from the Defendant A by sending it to the face, friend and friend with the bill of this case.

“The phrase “ was expressed to the effect that it was”;

In light of the fact that the statements are consistently made, P, Q, etc., the F’s statements can be sufficiently reliable.

Therefore, even if this part of the facts charged against the Defendants is found guilty, the judgment of the court below which acquitted the Defendants is erroneous by mistake.

B. The sentence of the lower court against Defendant A (hereinafter “Defendant A”) is so unfair that it is too unfasible that the sentence of the lower court against Defendant A is too unfasible.

2. Determination

A. The lower court acquitted the Defendants of the facts charged regarding the fraud on the part of not guilty on the part of the Defendants, while explaining the grounds for the determination in detail.

Examining the evidence duly adopted and examined by the court below in light of the records and legal principles, it is difficult for the court below to believe that the statement was made after F's prosecutor's stage for reasons as stated in its reasoning.

The decision is just and acceptable, and further, each court witness S and Q’s legal statement consistent with this part of the facts charged is also hard to believe it in light of the relationship between the above witness and the injured party.

Therefore, the evidence presented by the prosecutor in the lower court and the trial court alone alone was proved to the extent that the facts charged in this case against the Defendants are beyond reasonable doubt.

Therefore, the judgment of the court below that acquitted the Defendants of this part of the charges on the same purport is not erroneous as otherwise alleged by the prosecutor.

Therefore, prosecutor's assertion of mistake is without merit.

B. As to the unfair argument of sentencing against Defendant A, Defendant A committed an offense during the period of suspended execution.

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