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(영문) 대법원 2016.08.25 2016도10498

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 the grounds of the Defendant’s appeal, the lower court’s determination that the Defendant was guilty of each of the fraudulent acts committed on September 6, 2012 among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on deception, mistake, relationship with the person in fraud, fraud, the intent of fraud, the degree of proof necessary for conviction, and the deliberation and judgment of the appellate court.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance court’s judgment that acquitted all of the charges of fraud on the ground that there was no proof of a crime, on the grounds that the lower court did not prove a crime. < Amended by Act No. 11488, May 1, 2012; Act No. 11483, May 2, 2012; Act No. 11483, May 18, 2012; Act No. 1

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misunderstanding the legal principles on the criminal intent to acquire fraud.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no evidence of objection to the petition of appeal and the reasoning of appeal.

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