beta
(영문) 대법원 2019.05.16 2019도1492

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 upheld the first instance judgment that acquitted the Defendant on the charge of fraud among the facts charged in the instant case on the grounds that it is difficult to readily conclude that the Defendant conspireded to commit a crime as a co-principal.

The judgment below

Examining the reasoning in light of the record, the lower court 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 on joint principal offense in fraud.

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 found the Defendant guilty of aiding and abetting fraud among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court 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 on aiding and abetting the crime of fraud.

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