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(영문) 대법원 2018.06.19 2017도12626
사기등
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 first instance judgment convicting the Defendant of fraud among the facts charged in the instant case and rendered a judgment of not guilty, on the grounds indicated in its reasoning.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles as to fraud by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles as to fraud.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s judgment that found the Defendant guilty of attempted breach of trust among the facts charged in the instant case 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 on the attempted breach of trust.

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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