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(영문) 대법원 2019.01.17 2018도16733

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the facts charged in the instant case (excluding the part on acquittal).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding fraud, or by violating the principle of trial on evidence.

2. The lower court reversed the first instance judgment that found the Defendant guilty on the part of the facts charged in the instant case, on the grounds that there was no proof of crime regarding the fraud against the victim DJ, 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 failing to exhaust all necessary deliberations as alleged in the grounds of appeal and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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