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(영문) 대법원 2013.03.28 2012도14772
사기
Text

The appeal is dismissed.

Article 346 (1) of the Criminal Act shall be construed as "Article 347 of the Criminal Act."

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court, on the grounds indicated in its reasoning, determined that the instant facts charged were guilty.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on deception, causation, and criminal intent of deception in fraud

Therefore, the appeal is dismissed, and the "Article 346 (1) of the Criminal Act" in the column of the application of the law of the court of first instance is obvious that it is a clerical error in the "Article 347 (1) of the Criminal Act". Thus, it is decided to correct it ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure. It is so

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