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(영문) 대법원 2018.02.08 2017도19089
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below as to the first ground for appeal, the court below affirmed the judgment of the court of first instance by dismissing the prosecutor's appeal on the grounds that there is no evidence to acknowledge the violation of the Act on the Management of Subsidies set forth in attached Table 1, 4, and 6, which are the primary facts charged, on the grounds that there is no evidence to acknowledge the violation of the Act. As to the violation of local financial law, which is the ancillary facts added in the judgment of the court below, where there is no penal provision at the time of the act, and it does not constitute a crime. However, the aforementioned ancillary facts charged are within the scope of the identity of the primary facts charged, and there is no difference between the conclusion of first

The judgment below

Examining the reasoning in light of the relevant legal principles, the above determination by the court below is justifiable, and there is no error as alleged in the grounds of appeal.

2. Examining the reasoning of the appeal No. 2 in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the Defendants were guilty of this case’s facts charged (excluding the part of innocence and acquittal of the reasoning of the lower court) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

3. 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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