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(영문) 대법원 2014.10.30 2014도5077
사기
Text

1. The appeal is dismissed.

2. Of the judgment of the court of first instance, the judgment of the court below is rendered on October 17, 2013.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of attempted fraud of the instant facts charged on the grounds 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 inconsistent with logical and empirical rules, failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on causation between deception

On the other hand, the Defendant appealed on the remaining convictions of the lower judgment, but did not submit grounds for objection to the appeal.

Therefore, the appeal shall be dismissed. Since it is clear that there are some errors in the judgment of the court below, it shall be corrected under Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

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