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(영문) 대법원 2019.01.10 2018도16303
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime as to the fraud related to the acquisition of shares by each I Co., Ltd. on December 16, 2010 and January 19, 201, among the facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on deception, deception, and criminal intent in fraud, contrary to what

2. On the grounds of appeal by Defendant A, the lower court found Defendant A guilty on February 3, 2012, of the instant facts charged, of fraud related to the sale of shares of P Co., Ltd on the part of the instant facts charged, and of fraud related to the victim F’s inner reconstruction.

The judgment below

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

3. As to Defendant B’s appeal, Defendant B did not submit the appellate brief within the submission period, and Defendant B did not state the grounds of appeal in the petition of appeal.

4. 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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