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(영문) 대법원 2018.08.30 2018도10098

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the violation of the Act on Credit Financial Business by the use of credit card at “L pharmacy” among the instant facts charged, on the grounds that there was no proof of crime, and acquitted the Defendant.

In light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the timing of receiving a violation of the Act on Specialized Credit Financial Business, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

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