1. According to the records as to Defendant A’s grounds of appeal, Defendant A asserted a misapprehension of the legal principles as to abuse of public prosecution right, along with the grounds of appeal, while appealed from the judgment of the court of first instance, and withdrawn the grounds of appeal by misapprehending the legal principles on October 23, 2014 on the first day of the judgment of the court below.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal, and the argument that there was an error of omission of judgment as to such a misapprehension of legal doctrine cannot be accepted.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, the determination of the sentence is unreasonable in this case where the

The allegation that the lower court erred by misapprehending the facts or failing to exhaust all necessary deliberations with respect to the circumstances that constitute the conditions for sentencing cannot be a legitimate ground for appeal.

2. As to Defendant B’s ground of appeal

A. In the case of fraud involving taking advantage of property, if there is a delivery of property due to deception, the crime of fraud is established by infringing on the victim’s property by itself, and a considerable amount of consideration has been paid.

Even if there is no damage to the whole property of the victim or the whole property of the victim, the crime of fraud does not affect the establishment of the crime of fraud, and even if the price has been partially paid in the crime of fraud, the fraud amount is not the difference between the value of the property given from

(대법원 2007. 1. 25. 선고 2006도7470 판결 등 참조). 원심이 피고인 B이 묵은 쌀을 햅쌀과 섞어 그 전부가 햅쌀인 것처럼 속여 판매하고 피해자들로부터 지급받은 대금 전부를 편취액으로 인정한 것은 이러한 법리에...