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(영문) 대법원 2013.05.09 2013도642
사기
Text

All appeals are dismissed.

Reasons

The defendants and public defenders' grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Even though Defendant A appealed on Defendant A’s appeal on the ground of an unreasonable sentencing as well as other grounds for appeal against the judgment of the first instance, if the lower court subsequently withdraws the grounds for appeal other than unfair sentencing before the sentence of the lower judgment, it cannot be deemed as the grounds for appeal that there was an error

(2) As to the facts charged in this case that Defendant A received total sum of KRW 295 million from victim E from February 2, 2010 to May 201, 201, and acquired it under the name of investment money in the private teaching institute and dance service, the first instance court did not dispute the fact that the money recorded in the facts charged was delivered to partner, but it was not by deceiving and deceiving E. However, the first instance court found the facts as stated in its reasoning after comprehensively taking into account the statement of E and its birth. Defendant A appealed the second instance judgment on the grounds of erroneous determination of facts and unfair sentencing, and Defendant A stated that all of the facts charged in this case was acknowledged by withdrawing the allegation of facts on the second trial date of the lower court, and based on this, the lower court rejected Defendant A’s appeal.

Therefore, it cannot be a legitimate ground for appeal asserting that there was an error of misunderstanding of facts in the judgment of the court below, even if it is so misunderstanding of facts.

2. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment with respect to Defendant B’s appeal, the lower court convicted Defendant B of the facts charged in this case for the reasons indicated in its holding.

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