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(영문) 대법원 2017.09.21 2017도9469
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. While examining the reasoning of the Defendants’ final appeal in accordance with the relevant legal principles and evidence, the lower judgment that convicted the Defendants of the instant facts charged (except for the portion without charge) did not err by misapprehending the facts concerning the criminal intent of defraudation in violation of logical and empirical rules, contrary to what is alleged in the grounds of final appeal.

2. While examining the reasoning of the prosecutor’s appeal based on the record, the lower court reversed the first instance judgment and rendered a not guilty verdict on the ground that there was no proof of crime as to Defendant B’s fraud against the victim R among the facts charged in the instant case against Defendant B on the grounds of the reasons indicated in its reasoning, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to the principle of court-oriented trials, the principle of direct

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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