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(영문) 대법원 2018.04.12 2017도13327

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Examining the reasoning of the judgment of the court below in light of the records, we affirm the judgment of the court of first instance that found the public prosecutor guilty of fraud among the facts charged in the instant case on the grounds that there is no proof of crime, and it did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, contrary to the allegations in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s judgment that found the Defendant guilty of embezzlement among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. 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 in violation of logical and empirical rules,

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