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(영문) 대법원 2021.03.25 2020도18455
사기
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 on the ground that there was no proof of a crime regarding the fraudulent part of the instant facts charged on June 29, 2016 among the instant facts charged, and sentenced the Defendant not guilty.

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 against logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent to acquire fraud.

2. As to the grounds for appeal by the Defendant, the lower court convicted the Defendant of the instant facts charged (excluding non-criminal part) on the grounds stated 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 exhaust all necessary deliberations in its judgment, but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of fraud, deception, and causal relation.

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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