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(영문) 대법원 2019.01.31 2018도19787
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the public prosecutor, on the grounds as indicated in its reasoning, the lower court deemed that there was no proof of a crime as to the part of KRW 2 million among the facts charged against Defendant B with respect to the fraud of the victim C among the facts charged against Defendant B and the fraud of KRW 5 million against the victim F, on August 14, 2013, the lower court acquitted the victim C on the charge of fraud, and acquitted the victim F on the charge of the fraud of KRW 2 million.

In light of the record, the lower court did not exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal, and did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine.

2. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations and 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 interrogation of evidence prepared by the prosecutor, voluntary submission and seizure protocol, contrary to what is alleged in the grounds of appeal.

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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