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(영문) 대법원 2017.12.28 2017도17712
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant alleged the misunderstanding of facts or misunderstanding of legal principles along with the wrongful argument in sentencing in the statement of reasons for appeal, and the court below did not render any judgment as to the misunderstanding of facts or misunderstanding of legal principles without clearly withdrawing the argument at the trial date of the court below.

However, in light of the evidence duly adopted by the first instance court, the lower court found the Defendant guilty of the fraud of the victim C and D among the facts charged in the instant case. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on fraud, and thus, the omission of the said judgment by the lower court did not affect the conclusion

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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