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(영문) 대법원 2019.01.31 2018도18299

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the charge of fraud against the victim D among the facts charged in the instant case on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or affecting the conclusion of the judgment.

Meanwhile, among the facts charged in the instant case, the allegation in the grounds of appeal as to the fraud part against the victim C is not legitimate grounds of appeal, as alleged in the grounds of appeal by the Defendant, or by the lower court not being subject to judgment ex officio.

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