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(영문) 대법원 2019.06.13 2018도12844
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of fraud regarding the CD sales quantity and software service cost among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent

2. The lower court reversed the judgment of the first instance court that found the Defendants guilty on the grounds that there was no proof of crime regarding the fraud regarding the CD sales price among the facts charged in the instant case and acquitted the Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, by misapprehending the legal doctrine on the probative value of disposal documents, method of interpretation of contract, establishment of fraud, etc., and by misapprehending

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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