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(영문) 대법원 2015.08.27 2015도3668
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 is justifiable to have found the Defendant guilty of both fraud (excluding the part on acquittal of the first instance court’s reasoning) and non-compliance with the withdrawal, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the judgment of the first instance which found the Defendant guilty on the ground that there is no proof of crime regarding the fraud (excluding the part guilty of the original conviction) among the facts charged in the instant case, and to have determined the acquittal of the reasoning thereof. In so doing, contrary to what is alleged in the grounds of

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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