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(영문) 대법원 2019.02.28 2016도15582
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of fraud caused by the act of establishing a collateral security right on January 2012 among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of deception in fraud and the victim.

2. As to the Prosecutor’s Grounds of Appeal

A. On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the fraud caused by an application for offsetting the claim on or around October 2013.

The judgment below

In light of the relevant legal principles and records, although there are some inappropriate parts among the reasons stated by the lower court, the lower court’s determination that acquitted the Defendant of this part of the facts charged is justifiable in its conclusion. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on property damage and

B. Although the prosecutor appealed to the entire judgment of the court below regarding the guilty portion, the prosecutor did not state the grounds for objection in the petition of appeal or the appellate brief concerning the guilty portion.

3. 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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