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(영문) 대법원 2019.09.10 2018도12126
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendants on the grounds that there was no proof of crime regarding the fraudulent part among the facts charged against the Defendants.

The judgment below

Examining the reasoning in light of the record, 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 deception in fraud.

Meanwhile, the prosecutor appealed to the entire part of the judgment of the court below against the Defendants, but the guilty part does not include the grounds for objection in the petition of appeal or the appellate brief.

2. As to the Defendants’ grounds of appeal, the lower court upheld the first instance judgment convicting the Defendants of the breach of trust among the charges charged.

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 risk of actual damage to property in breach of trust.

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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