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(영문) 수원지방법원 2018.10.15 2018노1060
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that if the defendant is unable to obtain the PF loan for the crowdfunding business of this case due to the lack of sufficient repayment capacity, the defendant could not repay the borrowed money within three months as promised to the damage company, etc. In light of the fact that the defendant was fully aware of the criminal intent to acquire the money, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment

2. The court below rendered a not-guilty verdict on the facts charged of this case on the grounds as stated in its reasoning, on the ground that there is no proof of facts charged. The judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

The prosecutor's assertion of mistake is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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