beta
(영문) 대법원 2016.11.10 2016도12105

유사수신행위의규제에관한법률위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the fraud of the victim G among the modified facts charged against the Defendant based

In so determining, 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 the legal doctrine on willful negligence in fraud.

2. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, it is justifiable to maintain the first instance judgment convicting the Defendant of the modified facts charged (excluding the part not guilty) on the grounds stated in its reasoning.

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 the relevant legal doctrine without exhausting all necessary deliberations, as alleged in the grounds of appeal

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