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(영문) 대법원 2019.05.10 2018도20805
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the public prosecutor, the lower court acquitted Defendant C on the ground that there was no proof of crime as to the part on the fraud of KRW 10 million among the facts charged against Defendant C and the facts charged against Defendant A and B around June 6, 2014.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent and joint principal offender.

2. As to the grounds of appeal by Defendant A and B, the lower court convicted Defendant A and B of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and 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, or by violating the principle of

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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