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(영문) 대법원 2017.06.29 2017도5613

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court affirmed the first instance judgment which acquitted Defendant A on the charge of fraud of KRW 15 million against Defendant A’s victim G, on the grounds stated in its reasoning, on the ground that there is no proof of crime, and acquitted Defendant A on the ground that there was no proof of crime as to the fraud of KRW 15 million against Victim K, which is the selective charge added at the lower court.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the relationship between the victim, the disposal actor, and the victim in fraud.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

2. As to Defendant B’s final appeal, Defendant B did not submit a written reason of final appeal within the period for submission of the written reason of final appeal. Defendant B did not indicate the reason in the final appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.