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(영문) 대법원 2014.09.04 2014도8242
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 of appeal, the lower court is justifiable to have convicted the Defendant of the fraud of the victim D on March 9, 2008, among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of logic and experience and free evaluation

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which found the defendant guilty on the ground that there is no proof of each crime as to the fraud of the victim D among the facts charged in the instant case on the ground that the court below did not have any such proof, and to find the defendant not guilty, contrary to what is alleged in the grounds of appeal, there is no error of violation of logical and empirical rules and of violation of the principle of free evaluation of evidence.

On the other hand, although the prosecutor appealed the entire judgment of the court below, the prosecutor did not state specific grounds for appeal in the petition of appeal and the appellate brief.

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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