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(영문) 대법원 2014.02.13 2013도11092
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable to maintain the first instance court that acquitted the Defendant on the ground that there was no evidence of the crime regarding the charge of attempted fraud and violation of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects among the facts charged in the instant case, and there was no error by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending

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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