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(영문) 대법원 2017.05.11 2017도4146
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds stated in its reasoning, deemed that there was no proof of crime, maintained the first instance judgment that acquitted the victim T from the charge of fraud among the instant facts charged, and reversed the first instance judgment that found the Defendant guilty of embezzlement, and sentenced the Defendant not guilty.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on deception, deception, fraud, interpretation of disposal documents, etc. in fraud.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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