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(영문) 대법원 2019.09.09 2019도10135
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found Defendant H guilty on the grounds that there is no proof of crime, and sentenced Defendant H not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 the establishment of fraud and joint principal offense.

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

3. 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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