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(영문) 대법원 2017.03.16 2016도21523

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting Defendant C on the following grounds: (a) the fraud of the Victim CL on July 3, 2015 among the instant charges against Defendant C; (b) the fraud by using computers, etc. against the Victim EB on July 3, 2015; (c) the fraud by using computers, etc. against the Victim AK on July 3, 2015; (b) the violation of the Electronic Financial Transactions Act; (c) the fraud by using computers, etc. against the Victim BR on July 5, 2015 through June 6, 2015; (d) the violation of the Electronic Financial Transactions Act; (e) the fraud by using computers, etc. against the Victim A on July 9, 2015; and (vi) the violation of the Electronic Financial Transactions Act regarding the fraud against the Victim EB on July 14, 2015; and (e) the lower court acquitted Defendant C on the charge of the Defendant’s fraud and violation of the Electronic Financial Transactions Act.

The judgment below

Even if examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders of public offering, as alleged in the grounds of appeal.

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