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(영문) 대법원 2017.02.15 2016도20444
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court determined that there was no proof of crime regarding the facts charged in the instant case, and reversed the first instance judgment that acquitted the Defendant, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent to acquire fraud, as alleged in the grounds of appeal.

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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