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(영문) 대법원 2019.05.30 2018도1693

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fraud of the victim B and K among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of fraud against U.S. among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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