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(영문) 대법원 2014.05.16 2014도3502
사기
Text

The appeal is dismissed.

The judgment below

Part 6, " August 10, 2010" in Part 11 shall be corrected to " August 10, 201".

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of fraud against the victim E among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, by misapprehending the legal principles regarding property interests in fraud, or by violating Article

Meanwhile, the argument that the defendant's conviction against the defendant is against equity is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not regard it as the ground of appeal or that the court below did not consider it as the subject of judgment ex officio.

Therefore, the appeal shall be dismissed. Since it is obvious that there are some errors in the entries in the reasoning of the judgment below, it shall be corrected under Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

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