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(영문) 대법원 2014.05.29 2013도13338

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court reversed the first instance judgment that acquitted the Defendant on this part of the facts charged in the instant case and sentenced the Defendant guilty on September 1, 2008, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court, on the ground that there was no proof of the relevant crime regarding the fraud of July 22, 2008 among the facts charged in the instant case, is justifiable to reverse the first instance court which convicted the Defendant, and to render a not-guilty verdict. In so doing, 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

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