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(영문) 대법원 2016.01.28 2015도18356

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 victim E, and acquitted the Defendant on the ground that the fraud in the instant facts charged constituted a case where there is no proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no violation of law by failing to exhaust all necessary deliberation as alleged in the grounds of appeal against the principle of free evaluation of evidence in violation of logical and empirical rules.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state specific reasons in the petition of appeal as to the conviction and did not state the reasons for appeal.

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