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(영문) 대법원 2019.01.17 2018도12142

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment convicting the Defendant on the charges of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the intent of deception or fraud.

The Supreme Court's decision cited in the grounds of appeal differs from this case, and it is not appropriate to invoke this case.

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