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(영문) 대법원 2016.05.24 2015도20044

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, it is reasonable that the court below found Defendant A not guilty on the ground that there is no proof of crime in all of the facts charged of occupational embezzlement, the victim DNA, and the facts charged in this case against Defendant B, among the facts modified in this case against Defendant A, based on the reasons stated in its reasoning. There is no error of misapprehending the legal principles as to a person who takes custody of another person's property in fraud and embezzlement, as alleged in the grounds of appeal.

Meanwhile, the prosecutor appealed against Defendant A’s guilty portion of the judgment of the court below, but there is no indication in the petition of appeal as to the grounds of appeal, nor there is no statement in the grounds of appeal as to the grounds of appeal.

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