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(영문) 대법원 2016.05.12 2014도15539

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the grounds for the Defendant’s appeal, the court below’s finding the Defendant guilty of fraud on May 2, 2006 among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on fraud, without exhausting all necessary deliberations.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty on June 8, 2006 of the facts charged in the instant case, on the grounds indicated in its reasoning, that there was no proof of crime regarding the fraud.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on fraud, without exhausting all necessary deliberations.

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