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(영문) 대법원 2016.12.01 2016도14700
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the Defendant’s grounds of appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of the Defendant’s fraudulent act in the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. According to the reasoning of the lower judgment on the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged (excluding the part concerning the charge) constituted a case where there is no evidence of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence.

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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