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(영문) 대법원 2016.05.24 2016도2948
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted the Defendant of the instant facts charged (excluding the portion of innocence) on the grounds indicated in its reasoning, and there was no error by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of

2. Examining the reasoning of the judgment below as to Defendant B’s appeal in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged in this case (excluding the portion not guilty) for the reasons indicated in its holding, and there was no error exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules.

3. According to the reasoning of the lower judgment as to the prosecutor’s grounds of appeal, the lower court acquitted the Defendants on all of the facts charged of the instant case on the ground that there was no evidence of crime as to the Defendants’ fraud of KRW 50 million from June 10, 2008 (not guilty part) and KRW 50 million from April 1 to May 5, 2007 against Defendant A, on the ground that there was no evidence of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error in violation of the principle of free evaluation of evidence against logical and empirical rules.

4. 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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