logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.03.27 2018도1758
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding Defendant A’s grounds for appeal in light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, in its judgment that found Defendant A guilty of each fraud and occupational embezzlement, 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 intent to acquire fraud, the intent to commit occupational embezzlement, and the intent of embezzlement,

The Supreme Court precedents cited as the grounds for appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

2. The lower court found the Defendants not guilty on the grounds of the Prosecutor’s appeal on the ground that the part of the facts charged in the instant case regarding violation of the Act on the Regulation of Similar Receiving Acts against the Defendants constituted a case of

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the receipt of similar goods.

3. Conclusion, Defendant A and the Prosecutor’s final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow