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(영문) 대법원 2015.07.09 2015도7109
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of some of the facts charged in the instant case against the Electronic Financial Transactions Act (excluding the acquittal portion), and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations in violation of logical

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court is justifiable to have rendered a not-guilty verdict on the part of the facts charged in the instant case on the grounds that there was no proof of a crime. 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,

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not state the grounds for objection to this portion in the petition of appeal and 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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