beta
(영문) 대법원 2015.12.24 2015도16800

사기

Text

All appeals are dismissed.

The first judgment of the court below shall be reversed in its entirety.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of fraud related to the Ulsan-gu BX housing reconstruction project among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court, based on its reasoning, maintained the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime regarding the fraud related to the external automobile lease among the facts charged in the instant case, and found the Defendant not guilty on the ground that there was no proof of crime regarding the fraud related to the external automobile lease among the facts charged in the instant case. In so doing, it is justifiable to reverse the first instance judgment convicting the Defendant and to find the Defendant not guilty, contrary to what is alleged in the grounds of appeal, there is no

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is a clear clerical error in the order and reasons of the judgment of the court below.