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(영문) 대법원 2019.01.17 2018도16503

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. 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 reverse the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fraud of the victim’s exhaustion among the facts charged in the instant case, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against the logical and empirical rules

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of each of the facts charged in the instant case as to the victim F, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the criminal intent of defraudation beyond the bounds of the principle

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