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(영문) 대법원 2019.11.28 2019도12034

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the judgment of the first instance court that found Defendant A guilty on the ground that there was no proof of a crime regarding each fraud and the part on October 30, 2018 regarding the violation of the Electronic Financial Transactions Act as indicated in the judgment among the facts charged against Defendant A, and sentenced Defendant A not guilty.

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 against logical and empirical rules, or by misapprehending the legal doctrine regarding joint principal offenders, intent of fraud, and intent to commit an offense

The Prosecutor appealed against Defendant A in the entirety of the lower judgment, but did not state the grounds for objection in the petition of appeal or the appellate brief regarding the guilty portion.

2. Defendant B did not submit a statement of the grounds for appeal within the submission period, and Defendant B did not state the grounds for appeal in the petition of appeal.

3. Conclusion, Defendant B and the Prosecutor’s final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.