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(영문) 대법원 2015.03.26 2015도247

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in the misconception of facts as to the fraud against the victim corporate bank is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to maintain the first instance judgment that acquitted the victim of the instant facts charged on the ground that there was no proof of the relevant crime. In so doing, it did not err by misapprehending the rules of logic and experience, contrary to what is alleged in the grounds of appeal.

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