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(영문) 대법원 2015.11.27 2015도13721

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charge of this case was guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

In addition, the argument that the judgment of the court below is erroneous in the misconception of facts or misapprehension of legal principles as to the calculation of the amount of profit as prescribed by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall not be a legitimate ground for appeal, as it is alleged in the ground of appeal by the defendant

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