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(영문) 전주지방법원 2020.09.02 2020노987
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant, even though the defendant's deception and fraud should be recognized, is erroneous in the misconception of facts.

2. The lower court found the Defendant not guilty of the instant facts charged on the grounds that it is difficult to recognize the Defendant’s deception or deception on the grounds stated in its reasoning.

In addition to the circumstances in the court below's reasoning admitted by the evidence, the defendant stated that most of the funds listed in Paragraph 2 of the facts charged of this case used 4 million won for the operation of the Kkk Center. In addition to the above, there is no evidence to deem that most of the above funds was used for any other purpose such as personal debt repayment, etc., the above judgment of the court below is just and it is not erroneous in the misapprehension of facts as argued by the prosecutor.

3. Therefore, 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. It is so decided as per Disposition.

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