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(영문) 대법원 2014.04.24 2014도3064
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of fraud by cell phone openings among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical and empirical

3. 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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