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(영문) 대법원 2018.04.26 2017도14146
사기
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, the lower court was justifiable to have found the Defendant guilty of aiding and abetting fraud ex officio with respect to the fraud of victims C and G among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on aiding and abetting a criminal and guaranteeing the defendant’s right to defense, or by inconsistency in reasoning, without exhaust all necessary deliberations

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the Prosecutor on the facts charged of the instant case (excluding the guilty portion) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principals.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the legitimate grounds of appeal in the petition of appeal and did not state the grounds of appeal in the petition 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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