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(영문) 대법원 2014.08.26 2014도6486
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the charges of this case (excluding the part not guilty) was guilty on the grounds stated in its reasoning.

In so doing, 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, or by misapprehending the legal principles on the intent of defraudation or deception in fraud, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance that acquitted the Defendants on the charge of fraud against victim I among the facts charged in the instant case and the fraud against victim H on March 21, 2008, based on the reasons stated in its reasoning. There is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules.

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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