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(영문) 대법원 2013.06.13 2013도157
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence adopted by the court of first instance, the court below’s finding the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the intent to commit a crime of fraud or a crime of violating the Act on the Budgeting and Management of Subsidies.

In addition, the court below's decision that the construction contract of this case was false is not a legitimate ground for appeal, since the defendant's assertion that there was an error of violation of the rules of evidence, etc. is not a ground for appeal, or that the court below did not consider it as a subject of judgment ex officio.

Furthermore, even if ex officio examination is conducted, there is no illegality as alleged in the judgment below.

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

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