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(영문) 대법원 2013.06.13 2012도15148
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the records of the Defendant’s grounds of appeal in light of the relevant legal principles, we affirm the lower court’s determination that the Defendant was guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the rules of logic and experience.

2. Examining the prosecutor’s grounds of appeal, we affirm the judgment of the court of first instance on the ground that there is no proof of crime regarding embezzlement among the facts charged in the instant case, and that the court below reversed and acquitted the defendant. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the rules of logic and experience or by misapprehending the legal principles on “the status of the custodian” in the trial-oriented principle and the crime of embezzlement.

4. 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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