1. 검사의 상고이유에 관한 판단 원심은 이 사건 공소사실 중 피해자 B에 대한 원심판결 별지 범죄일람표(2) 순번 3∽18번 기재 사기 부분에 대하여 범죄의 증명이 없다고 보아 이를 무죄로 판단하였다.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on deception, identity of the facts charged, and the duty

2. As to the Defendant’s grounds of appeal, the lower court convicted the victim D of the part of the charges of this case as to the fraud indicated in [Attachment 1] Nos. 168 through 206 of the List of Offenses (1).

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, or by misapprehending the legal doctrine on deception in fraud

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.