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(영문) 대법원 2018.10.04 2016도4852
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant A's defense counsel not timely filed).

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found Defendant A guilty of the modified facts charged.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the requirements for establishment of fraud

2. On the grounds of the prosecutor’s appeal, the lower court acquitted Defendant B and C of each of the frauds against the victim’s North Seoul Agricultural Cooperatives among the charges modified in the instant case against Defendant B and C on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the requirements for establishment of fraud or the recognition of reduced

On the other hand, the prosecutor appealed against Defendant B and C in the judgment below, but the reason for appeal is not indicated in the petition of appeal, and the reason for appeal does not indicate the reasons 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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