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(영문) 대법원 2014.03.13 2014도465
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’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 each of the instant facts charged against victim D and G on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court was justifiable in maintaining the first instance judgment that acquitted the Defendant on the charge of each fraud against C among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there was no proof of the relevant crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic

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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