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(영문) 대법원 2018.10.25 2018도13144
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the relevant legal principles and the first instance court as to the grounds for Defendant A’s appeal, the lower court is justifiable to have determined that the Defendant A was guilty of the facts charged in this case (excluding the portion not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In so doing, there were no errors by exceeding the bounds of the principle of free evaluation against logical and empirical rules, by misapprehending the relevant legal doctrine, or by violating the reasoning of the judgment.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant B, and acquitted the Defendant A on the grounds that there was no proof of crime regarding the fraud against the victim’sO through the conspiracy among the facts charged in the instant case, and acquitted the Defendant A on the grounds of the conspiracy with Defendant B.

In examining the record, the lower court 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 relevant legal doctrine.

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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