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(영문) 대법원 2017.02.15 2016도12166
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that acquitted the Defendants on the charge of the instant case (excluding the part of conviction against Defendant A) on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, 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 fraud, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against Defendant A as to the guilty portion of the judgment below, but did not state the grounds of appeal on the petition of appeal or the grounds of appeal.

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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