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(영문) 대법원 2018.05.15 2018도2088

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted all of the facts charged of the instant case (excluding non-criminal part) on the grounds stated in its reasoning.

In doing so, the court below did not err by misapprehending the bounds of free evaluation of evidence by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles without exhausting all necessary deliberations as alleged in the grounds of appeal.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the grounds that there was no proof of crime regarding each of the frauds Nos. 5, 8, and 12 as indicated in the instant facts charged, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles, or by violating the principle of trial-oriented and direct examination.

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