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(영문) 대법원 2016.07.14 2016도5556

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of the Defendant’s appeal, the lower court was justifiable to have determined that the Defendant was guilty of the fraud of the victim N among the facts charged in the instant case (excluding the non-criminal part) on the grounds stated in its reasoning.

In doing so, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence in violation of law of logic and experience.

In addition, among the defendant's grounds for appeal, the argument that there was an error of misunderstanding of the legal principles as to the fraud of victim D among the facts charged in this case is based on appeal, or that the court below did not consider it as being subject to ex officio, and therefore, it cannot be a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the fraud of the first, third, and sixth period in the annexed crime list No. 1 of the judgment of the first instance among the facts charged in the instant case, on the grounds stated in its reasoning.

Examining the record, the above determination by the court below is justifiable.

There is no error 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 the criminal intent to obtain 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.