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(영문) 대법원 2017.06.15 2017도4815

사기등

Text

All appeals are dismissed.

Reasons

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B on October 4, 2012, on the grounds that there was no proof of a crime, among the facts charged against Defendant B.

The prosecutor asserts to the effect that the lower court did not exhaust all necessary deliberations and did not err by misapprehending the rules of evidence.

However, even if examining the relevant legal principles and records, there is no such error in the judgment of the court below.

On the other hand, the prosecutor appealed to the entire part of the judgment of the court below as to Defendant B, but the guilty part does not indicate the reasons in the petition of appeal and does not indicate the reasons for appeal.

2. As to the grounds of appeal by Defendant A, on the grounds of appeal, the Defendant alleged that the lower court convicted Defendant A of fraud, fabrication of private documents, and uttering of the aforementioned investigation documents against the victim’s second Capital Co., Ltd. among the facts charged in the instant case, the lower court did not exhaust all necessary deliberations and erred by misapprehending the facts or by violating the relevant legal doctrine.

However, even if examining the relevant legal principles and records, there is no such error in the judgment of the court below.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.