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(영문) 대법원 2014.05.29 2013도15615
사기미수
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 found the Defendant guilty of attempted fraud of February 25, 2010 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not guilty verdict on the ground that each of the charges of this case committed on March 8, 2010 and March 15, 2010 constituted a case where there is no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

3. 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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