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(영문) 대법원 2016.06.10 2016도4728
사기
Text

The appeal is 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 defense counsel after the lapse of the period for appeal).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the lower court is justifiable in maintaining the first instance judgment that found the Defendant guilty of all of the facts charged in the instant case against U, W, and AA on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court 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 doctrine on the presumption of intention or innocence in fraud.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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