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(영문) 대법원 2014.12.24 2014도13588
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant A was guilty of all of the frauds listed in the annexed list Nos. 2 through 5 of the first instance judgment among the facts charged in the instant case against Defendant A based on the reasons and circumstances stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, Defendant A filed an appeal against the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal as to the grounds for appeal.

2. Examining the grounds of appeal by Defendant B and E in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that all of the charges of this case (excluding the part on which the lower court acquitted Defendant B and the Defendant B) against Defendant B and E were guilty on the grounds and circumstances stated in its reasoning.

As alleged in the grounds of appeal, 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 exceeding the bounds of the principle of free evaluation of evidence in criminal proceedings, or by misapprehending the legal doctrine on the burden of proof in criminal proceedings and the crime of

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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