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(영문) 대법원 2015.02.12 2014도16181
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the facts charged in this case (excluding the portion of innocence) on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant of the instant facts charged (excluding the part concerning the charge) on the grounds stated in its reasoning and to have rendered a not-guilty verdict. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending

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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