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(영문) 대법원 2019.05.16 2019도3183

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found all of the facts charged of this case guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the establishment of fraud, or by omitting judgment, etc.

Although the Defendant asserts to the effect that the instant act did not constitute a crime, and that there was a justifiable ground for misunderstanding, it does not constitute a legitimate ground for appeal, since the Defendant’s ground for appeal or the lower court’s decision did not appear to be subject to a judgment ex officio.

Furthermore, even in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on statutory errors in its judgment.

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