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(영문) 대법원 2020.07.29 2020도5362

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted the public prosecutor on the ground that there was no proof of crime regarding the fraudulent part of the facts charged in the instant case by deceitation of real estate

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of the fraudulent part of the facts charged in the instant case by deception.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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