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(영문) 대법원 2013.11.14 2013도4916

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted the Defendant of the fraud of the borrowed money among the facts charged in the instant case on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have acquitted the Defendant on the ground that the fraud amounting to the printed materials out of the instant facts charged constitutes a case where there is no proof of crime. In so doing, the lower court did not err by exceeding the bounds of the

3. 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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