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(영문) 대법원 2019.05.30 2019도2526
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime regarding the fraud of the victim E among the facts charged in the instant case, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the record, 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.

2. According to the records on the Defendant’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted a mistake of facts as to the fraud against the victim E as the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in the misconception of facts as to the fraud of victim L and the uttering of a falsified investigation document is not a legitimate ground for 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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