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(영문) 대법원 2017.11.09 2017도9201
사기
Text

All appeals are dismissed.

Reasons

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

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court was justifiable to have determined that the Defendant was guilty of fraud on May 29, 2014 among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on fraud, or by omitting judgment.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendant guilty on February 26, 2013 of the instant facts charged, on the grounds stated in its reasoning, and sentenced the Defendant not guilty on the ground that there was no proof of crime regarding the fraud.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on fraud.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

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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