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(영문) 대법원 2015.05.28 2014도17501
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the fraud, the lower court reversed the first instance judgment convicting the Defendant on the charge of fraud among the facts charged in the instant case on the grounds stated in its reasoning, and acquitted the Defendant.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations 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, or by misapprehending the legal principles on the criminal intent of

2. Examining the reasoning of the lower judgment in light of the record as to the grounds of appeal on intimidation, it is justifiable for the lower court to maintain the judgment of the first instance court which acquitted the Defendant on the ground that there was no evidence of crime as to the crime of intimidation among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

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

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