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(영문) 대법원 2017.01.12 2016도17355

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, it is reasonable for the court below to maintain the judgment of the court of first instance that acquitted the defendant on the ground that the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and contrary to the allegations in the grounds of appeal, the court below did not err by violating logical and empirical rules and exceeding the bounds of free evaluation of evidence

In addition, considering the records in light of the relevant legal principles, the court below is just in holding that the court below did not permit the victim to amend the bill of amendment to the indictment, which added the victim's fraud to C as the conjunctive charge, and there is no error in the misapprehension of legal principles as to the amendment of the indictment, such as the identity

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