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(영문) 대법원 2019.05.30 2019도3717
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s final appeal, Defendant A did not submit a petition of final appeal to the lower court. Defendant A submitted a written statement of “statement of final appeal” to the Supreme Court on April 3, 2019 when the period for filing final appeal expired.

This is unlawful because it was filed after the right to appeal has been extinguished even as a petition of appeal.

2. The lower court rendered a not guilty verdict on the prosecutor’s grounds of appeal on the part of the charge of fraud against Defendant A, which conspired with Defendant D among the charges of fraud, and on the charges against Defendant D, deeming that there was no

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 joint principal offenders.

3. The final appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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