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(영문) 대법원 2016.01.28 2015도17800
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have determined that the Defendant was guilty of the facts charged in this case (except for the portion without charge) on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err

2. On the grounds of the prosecutor’s appeal, the lower court deemed that the fraud of the victim R among the facts charged in the instant case constituted a case where there is no proof of crime, and acquitted the prosecutor.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

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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