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(영문) 대법원 2016.11.24 2016도14239

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on Defendant A’s grounds of appeal, the lower court’s determination that Defendant A was guilty on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on deception, criminal intent, and causal relationship in fraud, or violating the principle of evidence judgment.

In addition, the argument that there is an error of law in the misapprehension of legal principles as to the number of crimes in the judgment of the court below is not a legitimate ground for appeal as it is asserted by Defendant A only in the final appeal that it is not subject to an ex officio decision

Although examining ex officio the lower judgment ex officio, there was no error by misapprehending the legal doctrine regarding the number of crimes.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that the facts charged against Defendant B constituted a case where there is no proof of crime.

Examining the record, the above determination by the court below is justifiable.

There is no error 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.