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(영문) 대법원 2018.09.28 2018도8882
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant A guilty on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the procedure of examination of evidence and the principle of trial on evidence.

2. Examining the reasoning of the lower judgment on the grounds of Defendant F’s appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant F guilty on the facts charged against Defendant F (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its holding

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principals.

3. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that there was no proof of a crime regarding the fraud of Defendant B and each of the aiding and abetting Defendant C, D, and E on the grounds of the prosecutor’s appeal.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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