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(영문) 대법원 2017.08.29 2017도10073
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court upheld the first instance judgment that acquitted the Defendant on March 20, 2014 on the ground that it constituted a case where there is no proof of a crime.

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable.

The lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on deception of fraud, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but did not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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