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(영문) 대법원 2013.09.13 2012도16238

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court maintained the first judgment that acquitted the Defendant on the ground that there was no evidence of crime regarding the fraud among the facts charged in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal can be found in the appellate brief.

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