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(영문) 대법원 2019.08.30 2019도9000
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of attempted fraud of the victim N among the facts charged in the instant case and of the fraud of the victim C.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of fraud and the judgment of probative value of evidence.

The Defendant alleged in the lower judgment that the lower court erred by misapprehending the legal doctrine as to the commencement of commission and the admissibility of illegally collected evidence in an impossible crime and fraud, but this is merely asserted by the Defendant in the final appeal that the lower court either deemed the grounds for appeal or did not consider it as being subject to an ex officio determination, and thus, does not constitute

Furthermore, even if examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

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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