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(영문) 대법원 2016.05.26 2016도3440
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds for appeal, the lower court was justifiable to have found the Defendant guilty of fraud against the victim Q of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the legal doctrine as to the crime of fraud, or by misapprehending the bounds of free evaluation of evidence against logical and empirical rules.

2. While examining the reasoning of the lower judgment in light of the record, it is just to maintain the first instance judgment which acquitted the victim E of the facts charged in the instant case on the ground that there is no proof of crime. In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

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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