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(영문) 대법원 2015.12.24. 선고 2015도16800 판결

사기

Cases

2015Do16800 Fraudulent

Defendant

A

Appellant

Defendant and Prosecutor

Defense Counsel

Attorney DB (National Assembly)

Law Firm BU

Attorney CX, CZ, BV, DA, DC

The judgment below

Changwon District Court Decision 2014No2585, 2015No1832 (Joint) Decided October 7, 2015

Judgment

Imposition of Judgment

December 24, 2015

Text

All appeals are dismissed.

The first of the judgment of the court below shall be reversed in all of the judgment of the court below." The judgment of the court below shall be reversed in all of the conviction parts among the judgment of the court below, and all of the prosecutor's appeals against the acquittal part among the judgment of the court below shall be dismissed in the last order. The judgment of the court below shall be reversed in all of the conviction parts among the judgment of the court of the court below, and it shall be corrected as follows: "All of the judgment of the court below shall be reversed, and the prosecutor's appeal against the acquittal part shall be dismissed in all of the judgment of the court below,

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable in finding the Defendant guilty of fraud related to the Ulsan-gu BX housing reconstruction project among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle

2. As to the Prosecutor’s Grounds of Appeal

Examining the reasoning of the judgment below in light of the records, it is just to reverse the judgment of the court of first instance which acquitted the Defendant on the ground that there was no evidence of crime as to the fraud related to the Ulsan-gu BW housing reconstruction project among the facts charged in the instant case, fraud related to the auction bond, and fraud related to the acquisition of used cars, and to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that there was no evidence of crime as to the fraud related to the external automobile lease among the facts charged in the instant case, and to find the Defendant not guilty. Contrary

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is a clear clerical error in the text and reasoning of the judgment below.

Judges

Justices Park Sang-ok

Justices Lee Sang-hoon

Justices Kim Chang-tae, Counsel for the defendant

Justices Cho Jong-hee

심급 사건
-창원지방법원 2015.10.7.선고 2014노2585