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(영문) 대법원 2019.06.13 2019도4818
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the fraud of the victim V among the facts charged in the instant case, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the record, 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.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of fraud against the victim S among the facts charged in the instant case 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 err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on deception, mistake and disposal in fraud, or by omitting judgment, thereby adversely affecting the conclusion

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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