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(영문) 대법원 2013.11.28 2013도11258
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant asserted a mistake of facts as to the facts charged in this case in the statement of grounds for appeal, and the court below's first trial date did not clearly withdraw the above grounds for appeal and did not clearly withdraw the above grounds for appeal, but the court below deemed the defendant's grounds for appeal to be grounds for appeal as grounds for misapprehension of legal principles as to revocation of complaint, and dismissed the appeal without making a decision

However, in full view of the evidence duly admitted by the first instance court, the defendant can be found to have committed fraud as stated in the facts charged. Therefore, the omission of the judgment by the lower court does not affect the conclusion of the judgment.

Meanwhile, even if a crime of fraud is not a crime subject to victim's complaint or a crime of non-violation of intention, the prosecution is still lawful, and the victim has no errors in the judgment of the court below that rejected the claim that the judgment dismissing public prosecution should have been pronounced since the victim revoked the complaint.

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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