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The judgment below
The part of the attempted fraud is reversed, and the prosecutor's appeal on this part is dismissed.
Reasons
1. Judgment on the grounds for appeal
A. As to the allegation of the grounds of appeal as to the part on attempted fraud, fraud 1) is an offense in which a person deceptions another person by deceiving him/her, thereby omitting an error, and by inducing a dispositive act, thereby obtaining property or property gains. Thus, only where the Defendant deceptions the person who was deprived of his/her act or omission to engage in a property disposal act that directly causes property loss (see, e.g., Supreme Court Decision 2013Do142, Feb. 13, 2014). The lower court concluded that the Defendant and his/her accomplice made a false statement that he/she would withdraw his/her deposit from the victim AG and AI and keep the withdrawn cash in the house.
However, the first instance judgment which acquitted the Defendant and his accomplice of attempted fraud among the facts charged in the instant case on the ground that there is no proof as to the fact that the Defendant and his accomplice committed the deception of fraud, on the grounds that it cannot be deemed that the victims did not allow them to deliver or dispose of cash to others.
3) Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the lower court did not err by misapprehending the legal doctrine on disposal in fraud, contrary to what is alleged in the grounds of appeal.
B. As to the allegation of the grounds of appeal on the remaining part except the attempted fraud, the prosecutor appealed to the remaining part of the judgment below except the attempted fraud. However, there is no statement of objection in the petition of appeal or the reasoning of appeal.
2. Article 364(4) of the Criminal Procedure Act provides that an appellate court shall dismiss an appeal by judgment when it deems that the appeal is groundless.
According to the records, the court below rendered a judgment of not guilty on the charge of attempted fraud among the facts charged in this case against the defendant, and appealed by the prosecutor.