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(영문) 대법원 2017.09.07 2017도8192
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the lower court, on the grounds stated in its reasoning, reversed the first instance judgment convicting the victim AA of fraud among the facts charged in the instant case, and acquitted the victim AB of fraud on the ground that there is no proof of crime, is justifiable to have determined that the lower court acquitted the victim AB of fraud. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state specific reasons in the petition of appeal as to the conviction and did not state the reasons for appeal.

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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