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(영문) 대법원 2018.09.13 2017도19552

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted the Defendant of fraud regarding the leader of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, contrary to logical and empirical rules, exceeding the bounds of the principle of free evaluation.

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, it is reasonable for the lower court to maintain the first instance judgment that acquitted the public prosecutor on the charge of fraud of advance payment among the facts charged in the instant case on the grounds that there is no proof of crime. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the criminal intent to commit fraud, etc., or by exceeding the bounds of the

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