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(영문) 서울중앙지방법원 2018.10.18 2018노1142
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal is that the court below erred in finding the defendant not guilty of the facts, even though the defendant could sufficiently recognize the fact of deceiving the victim G as stated in the facts charged by deceiving the victim G as if he had been lawfully adopted and investigated.

2. In full view of the evidence duly admitted and examined by the court below, the court below's judgment that acquitted the facts charged of this case is just and there is no error of law in finding the facts erroneous.

① The lower court determined that the Defendant did not intend to evaluate the possibility of repaying principal and interest by requesting an external institution to prepare an evaluation report.

It can not be readily determined, and ② that there was no intention or ability to arrange for the loan of KRW 80 million or KRW 450 billion.

The lower court rendered a judgment of not guilty on the ground that it cannot be readily concluded, and such reasonable doubts that the lower court existed have not been resolved in the trial.

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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