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(영문) 대법원 2014.11.27 2014도7344

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of fraud among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the evidence duly admitted by the first instance court, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, 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 degree of proof and proof in fraud and criminal proceedings.

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have maintained the first instance judgment to the same effect as it judged that there was no proof of crime regarding attempted fraud among the facts charged in the instant case, based on its reasoning.

The court below 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 principles on conditional bonds or the extinguishment of claims.

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