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(영문) 대법원 2018.01.25 2017도18650
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of all the charges of this case (excluding the portion without charge) on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding deception and fraud, fraud in the lawsuit, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

2. On the grounds of the Prosecutor’s appeal, the lower court acquitted the Prosecutor on the charge of the instant facts charged (excluding the aforementioned guilty part) on the grounds stated in its reasoning, on the ground that there was no proof of crime.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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