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(영문) 대법원 2017.05.17 2016도15572

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The burden of proof of criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction should be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). In light of the circumstances stated in its reasoning, the lower court: (a) based on its reasoning, the defendants specifically involved in the so-called Bosing phishing employee's fraudulent conduct by taking part in the so-called so-called Bosing s

For the reasons that it is difficult to conclude it, the lower court acquitted the Defendants on the part of the charges charged against the Defendants.

The judgment below

Examining the reasoning in light of the record, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by violating the rules of evidence or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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