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(영문) 서울서부지방법원 2016.04.07 2015노1533
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, it is proved that: (a) the content of the reply to the investigation agency of the Linyal Korea Co., Ltd.; and (b) the content of e-mail between the defendant and the employees of the above company E; and (c) it is an article used for a considerable period of time in the judgment below;

In addition, it is obvious that the defendant did not notify the fact that the four days of his identity are broken.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which acquitted the defendant.

2. Determination

A. On March 10, 2014, the Defendant placed an advertisement stating that “The htp:/cafe.naver.com/Joint Rogora sells for 550,00 won e.g., coffee L-440 won at http” on the Round’s website of the Republic of Korea (htp:/cafe.naver.) around March 10, 2014, the Defendant was within four weeks of the replacement of the female garae with new products.

“The notice was posted including the word “.....”

However, the fact was that the defendant was a product with a considerable period of time used to sell the product.

On March 17, 2014, the Defendant received 550,000 won under the name of the purchase price from the victim C (M, 41 years of age) from the victim C (M, 41 years of age) and fraudulently acquired it.

B. In full view of the following circumstances, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone, other than the fact that a part of the discount day was broken, was used for a considerable period of time as indicated in the facts charged, and there is no other evidence to acknowledge it otherwise.

The reason is that the victim requested refund because he did not seem to have been able to have been used for a long time by the date when he was able to be seen as being well and some of the days when he was able to do so in the investigative agency and this court.

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