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(영문) 대법원 2018.12.28 2018도14824
사기미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting Defendant A on the charge of attempted fraud and the charge of occupational embezzlement against Defendant C on the ground that there is no proof of a crime, and sentenced Defendant C not guilty.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it 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 legal principles on the principle of court-oriented trials, the principle of substantial direct deliberation, the public offering in the joint principal offender, and the criminal intent to defraud

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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