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(영문) 대법원 2015.06.24 2015도4999
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted the defendant on the ground that the fraud of July 17, 2008 among the facts charged in the instant case constituted a case where there is no proof of criminal facts. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence going against logical and empirical rules

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, and the appellate brief does not contain any grounds for objection.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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