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(영문) 대법원 2016.01.28 2015도2760

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the fraud in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the modified facts charged (excluding the part not guilty of the reasoning) on the grounds as stated in its reasoning. In so doing, 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 by violating logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine

The Supreme Court precedents cited in the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

2. As to embezzlement, although the Defendant appealed against the entire judgment of the court below, the Defendant did not state the grounds for the appeal in the form of embezzlement, nor did the reasons for the appeal be found in the form of a specific statement of grounds for appeal.

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