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(영문) 대법원 2013.06.14 2012도15523
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted the defendant A and B, or acquitted the defendant for the reasons stated in its holding, on the ground that the facts charged against the defendant A and B constitute fraud under subparagraph (1), (1), (1-2), (1-4) through (1-9) of the attached list of crimes committed in the judgment of the court of first instance, which was premised on the conspiracy by the defendant A and B among the facts charged against the defendant A and B, and the facts charged against the defendant C constitute a case without proof of

The judgment below

In light of the records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on co-principal, misappropriation, and misappropriation.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court is justifiable to have found Defendant A guilty of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations or by misapprehending the principle of free evaluation of evidence against logical and empirical rules and by

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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