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(영문) 대법원 2018.06.15 2018도3296
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court, on the grounds stated in its reasoning, obtained ex officio KRW 444,033,345 from Jindo-gun by obtaining the national subsidy from Jindo-gun by false application or other unlawful means, and, at the same time, by deceiving public officials belonging to Jindo-gun in charge of the victim, by deceiving the public officials belonging to Jindo-gun to receive KRW 444,03,345 from the victim and acquired KRW 44,03,345 from the victim Jindo-gun

The decision of the court below is just and there is no error in the misapprehension of legal principles as to "unfair methods" in the crime of deception in fraud, relation between deception and dispositive act, and violation of the Act on the Management of Property Profits and Subsidies, contrary to the allegations in the grounds of appeal.

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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