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(영문) 대법원 2015.12.10 2015도15053
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of all of the facts charged in this case on the grounds indicated in its reasoning. 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 inconsistent with logical and empirical rules, or by exceeding the bounds of the principle of free evaluation

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of each of the frauds against the victim G and M among the facts charged in the instant case against Defendant B on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

Meanwhile, Defendant B appealed on the remaining guilty portion of the judgment of the court below, but there is no indication in the petition of appeal as to the grounds of appeal nor any statement in the grounds of appeal as to the grounds 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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