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(영문) 대법원 2020.07.29 2020도5977
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court affirmed the first instance court’s judgment that acquitted the victim G on the main fraud part of the instant facts charged and the violation part of the Door-to-Door Sales, etc. Act on Door-to-Door Sales, etc., and acquitted the victim G as not guilty on the grounds of the lower judgment’

The judgment below

Examining the reasoning in light of the relevant legal principles and 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, or by misapprehending the legal doctrine on the establishment of fraud.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds for objection in the petition of appeal or appellate brief concerning the guilty part.

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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