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(영문) 대법원 2019.01.17 2018도13055
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the grounds of appeal by Defendant A and B in light of the evidence duly admitted, the lower court’s judgment that found Defendant A and B guilty of the facts charged (excluding the part not guilty in the grounds of appeal) for reasons indicated in its reasoning is justifiable

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on fraud,

2. As to Defendant C’s appeal, Defendant C did not submit a statement of grounds of appeal within the submission period, and Defendant C did not state the grounds of appeal in the petition of appeal.

3. As to the prosecutor’s grounds of appeal, the lower court acquitted the Defendants on the charge (excluding the part concerning the charge) on the grounds stated in its reasoning, deeming that there was no proof of crime.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the free evaluation of evidence.

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

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