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(영문) 대법원 2018.04.26 2018도3413
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the fraud of the police officer on May 2016 among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

In light of the record, even if examining the reasoning of the appeal, the lower court did not err in its judgment by misapprehending the bounds 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 ground of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s determination that affirmed the first instance judgment convicting the Defendant of the fraud of each of the instant facts charged on or around April 24, 2016 and August 12, 2016, on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on fraud.

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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