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(영문) 서울동부지방법원 2018.04.27 2017노1810
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles), the victim's statement, the list of claims against the defendant, and the legal statement of the J, the defendant is recognized as the criminal intent of deceiving and deceiving the victim of the important conditions of the transaction.

2. Examining the evidence duly adopted and examined by the court below in light of the records, a thorough examination of the records reveals that the evidence of this case, based on the judgment of the court below, was the only evidence of this case, which was based on the judgment of the court below, deceiving the victim about the intent and ability to repay important matters or the price in the transaction of goods, such as specific transaction terms

On the grounds that it is difficult to conclude the facts charged in this case as not guilty is just and acceptable, and there was no new evidence that corresponds to the facts charged in this case in the trial, so there was an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor in the judgment of the court below.

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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