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(영문) 대법원 2017.12.22 2017도15430
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of the modified facts charged (excluding the portion of innocence) on the grounds stated

Contrary to the allegations in the grounds of appeal, there was no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the criminal intent to obtain fraud in fraud.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on December 24, 2014, on the ground that there was no proof of crime regarding the fraud of the changed facts charged in the instant case, on the grounds stated in its reasoning.

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, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on deception or fraud in fraud.

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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