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(영문) 대법원 2021.1.14. 선고 2020도15736 판결
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Cases

2020Do15736 Fraudulent

Defendant

A

Appellant

Prosecutor

Defense Counsel

Law Firm Sharing

Attorney Choi Yong-sung, Attorneys Choi Yong-soo, Kim Nam-nam

The judgment below

Seoul Eastern District Court Decision 2020No349 Decided October 29, 2020

Imposition of Judgment

January 14, 2021

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed and acquitted the judgment of the first instance court that found the Defendant guilty on the charges of this case on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on deception and intentional act in fraud. Therefore, the appeal is dismissed

Judges

The presiding Justice shall mobilization by the presiding Justice

Justices Kim Jae-sik in charge

Justices Min Min-young

Justices Noh Tae-ok

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