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(영문) 전주지방법원 2016.05.27 2016노205
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) of the facts constituting the crime No. 2-B as indicated in the judgment of the court below is not only the defendant's deception against the court, but also the defendant's intention to commit the crime of fraud is not to establish the crime of fraud.

However, the court below erred in finding the guilty of this part of the facts charged due to misunderstanding of facts.

2. The defendant argued the same purport in the court below, and the court below rejected the above argument in detail in the column of “determination on the defendant’s and defense counsel’s assertion.” In light of the records, the court below’s determination is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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