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(영문) 대법원 2018.08.30 2018도9908
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the judgment of the first instance that found the Defendant guilty on October 1, 2014 among the facts charged in the instant case, on the grounds stated in its reasoning, and sentenced the Defendant not guilty, and upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime as to the fraud committed on October 1, 2014 among the facts charged in the instant case. Of the facts charged in the instant case, the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime.

In light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles, contrary to what is alleged in the grounds of appeal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

2. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court, on April 14, 2014, found the Defendant guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning, did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, contrary to what

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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