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(영문) 대법원 2020.01.09 2019도15142
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants on the ground that there was no proof of crime as to the part of the charges against the Defendants’ fraud and the part of the ancillary charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the co-principal of fraud, and the intent of aiding and abetting a principal offender

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection in the petition of appeal or the appellate brief.

2. As to Defendant A and B’s appeal, Defendant A did not submit a statement of grounds of appeal within the submission period, and Defendant A did not state the grounds for appeal in the petition of appeal.

Defendant

B did not submit a petition of appeal to the lower court. The defense counsel submitted a written statement of “statement of grounds for appeal” to the Supreme Court on November 7, 2019 when the period for filing an appeal expired, but this cannot be deemed a legitimate petition of appeal, since it was submitted after the right to appeal has expired.

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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