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(영문) 대법원 2017.04.28 2016도19958
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there is no proof of crime regarding the facts charged of this case.

The judgment below

Even if examining the reasoning by the record, the lower court did not err by misapprehending the facts in violation of the rules of evidence or by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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