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(영문) 대법원 2018.12.27 2018도15316
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant A’s appeal, the lower court convicted Defendant A of the facts charged, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the judgment of the court below is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the judgment of the crime of deception, the requirements for deception by omission, the scope of recognition of duty of disclosure under the principle of good faith, or by inconsistency in the reasoning.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found Defendant B guilty on the grounds that there was no proof of crime as to the facts charged against Defendant B, and sentenced Defendant B not guilty.

The judgment below

In light of the records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of facts against the law of logic and experience, or in the misapprehension of legal principles as to joint principal offenders of public offering.

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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