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(영문) 대구지방법원 2015.07.24 2015노1462
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty of this part of the facts charged despite the fact that the defendant had the criminal intent to commit the fraud against C in relation to the summary of the grounds for appeal, or did not commit the deception, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The judgment of the court below and the defendant defense counsel of the court below made the same assertion as the grounds for appeal of this case, but the court below rejected the above assertion in detail under the title "the judgment of the defendant and the defense counsel's assertion" in the judgment of the court below. In full view of the evidence duly adopted and examined, the judgment of the court below which judged that the defendant committed deception against C with the intent to commit a crime by deception is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts contrary to the rules of evidence, which affected the conclusion of the judgment.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “criminal records” of the judgment of the court below ex officio is corrected to mean that “the above judgment was finalized on June 14, 2013,” “the above judgment became final and conclusive on December 13, 2013,” which read “the above judgment became final and conclusive.”

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