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(영문) 대법원 2018.01.24 2017도19013
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant’s appeal, the argument that the lower court erred by misapprehending the legal doctrine regarding the establishment of a crime of fraud and by misapprehending the rules of evidence, and by failing to examine, is not a legitimate ground for appeal, since the Defendant appealeds on the fifth trial date of the lower court, and otherwise, the lower court did not take the subject of judgment ex officio, on the grounds of appeal.

2. Examining the reasoning of the Prosecutor’s appeal, the lower court, based on its reasoning, acquitted the Defendant on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) regarding the crime of fraud, on the ground that the fraud committed against the victim BV, BW, BU, BR, BT, and B in the instant facts charged does not constitute a single comprehensive crime, and constitutes a substantive concurrent crime.

In doing so, there was no error by misapprehending the legal principles on the blanket crime.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

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

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