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(영문) 대법원 2020.01.09 2019도16476
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below acquitted the victim FE of the facts charged in the instant case on the ground that there was no proof of crime regarding the violation of the Act on the Regulation of Fraud and FE’s Act.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

2. According to the records on the Defendant’s appeal, the Defendant did not submit a written appeal to the lower court, and the Defendant’s defense counsel submitted a written statement of “written appeal” to the Supreme Court on December 6, 2019 when the period for filing an appeal expires.

This is unlawful since it was submitted after the right to appeal has been extinguished as a petition of appeal.

3. 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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