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(영문) 대법원 2014.09.25 2014도7859

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court affirmed the first instance judgment that acquitted the victims other than the victim S, R, and E on the ground that there was no proof of the relevant crime among the facts charged in the instant case.

Examining the relevant legal principles and records, the lower court’s determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal doctrine on causation in fraud, or failing to exhaust all necessary deliberations.

2. Examining the evidence duly adopted and examined by the court below and the first instance court as to the Defendant’s grounds of appeal, the court below was justified in finding the Defendant guilty of the fraud of the victim S, R, and E among the facts charged in the instant case on the grounds stated in its reasoning.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misunderstanding the legal principles on deception, the intent of deception, causation, and the method of calculating the amount of fraud in fraud.

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