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(영문) 대법원 2015.12.24 2015도15994
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that Defendant A was guilty of the facts charged in this case for the reasons indicated in its reasoning and dismissed Defendant A’s appeal is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on fraud and on the grounds of ex officio examination by the

2. Examining the reasoning of the judgment below in light of the records, it is justifiable to reverse the judgment of the court of first instance which found Defendant C guilty on the ground that the violation of the Licensed Real Estate Agent Act among the facts charged in this case against Defendant C constituted a case where there is no proof of criminal facts. There is no error of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the client

Meanwhile, the Prosecutor appealed against Defendant C’s guilty portion of the judgment below, but the Prosecutor did not state specific grounds for objection as to this part in the petition of appeal or appellate brief.

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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