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(영문) 대법원 2017.10.26 2017도10547
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the court below and the first instance court on the grounds of appeal by Defendant A and Defendant C, the court below was justified in finding the Defendant guilty of all of the charges of this case against Defendant A and Defendant C on the grounds of its stated reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on embezzlement and joint principal offenders.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable to reverse the judgment of the first instance court which acquitted Defendant A on the ground that there was no proof of crime as to the fraud among the facts charged in the instant case against Defendant A and the violation of the Door-to-Door Sales Act among the facts charged in the instant case against Defendant A and Defendant B, and to reverse the judgment of the first instance court which found Defendant B guilty on the ground that there was no proof of crime as to the embezzlement of each of the facts charged in the instant case against Defendant B.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on joint principal offenders.

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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