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(영문) 대법원 2014.09.26 2014도9517
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment as to the fraud against the victim J in light of the evidence duly admitted by the lower court, the lower court’s determination that this part of the facts charged was guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, 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

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the fraud against the victims’ leader and two community credit cooperatives, it is justifiable to reverse the first instance judgment that acquitted the charges of this part of the facts charged and to find the Defendant guilty. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence,

3. The final appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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