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(영문) 대법원 2017.12.13 2017도14140
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of attempted fraud among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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 fraud, deception,

2. Examining the reasoning of the lower judgment as to the prosecutor’s grounds for appeal in light of the records, the lower court reversed the first instance judgment convicting the Defendant on the part concerning the fraud of employment maintenance subsidies in 2009 among the instant facts charged, and rendered a judgment of not guilty on the part concerning the fraud of employment maintenance subsidies in 2010 among the instant facts charged is justifiable. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on fraud, contrary to what is alleged in the grounds of appeal.

On the other hand, although the prosecutor filed an appeal against the guilty portion of the judgment of the court below, there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal can be found.

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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