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(영문) 대법원 2013.06.13 2012도15594

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of the use of private documents and the use of private documents on July 30, 2008 among the facts charged in the instant case on the grounds as 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 exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

2. Examining the Prosecutor’s grounds of appeal in light of the relevant legal principles and records, the lower court is justifiable to have determined that there was no proof of crime as to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and violation of the Attorney-at-Law Act among the facts charged in the instant case and acquitted the Defendant. In so doing, contrary to what is alleged

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