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(영문) 대법원 2017.02.03 2016도19627
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have determined the Defendant A not guilty on the grounds that there was no proof of the facts charged, among the facts charged in this case against Defendant A, and the facts charged against Defendant B. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on disposal, fraud, criminal intent of conspiracy, and joint principal offender, etc., or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

2. Examining the reasoning of the lower judgment as to the grounds for appeal by Defendants A and C in light of the evidence duly admitted by the lower court and the first instance court maintained by the lower court, the lower court’s determination that the part of the instant facts charged was found guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on deception, disposal, and fraud, or by exceeding the bounds of free evaluation of evidence by violating logical and empirical rules, contrary to what is alleged in the grounds of 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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