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(영문) 대법원 2017.06.15 2017도5487
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, as to the first ground of appeal, the lower court was justifiable to have found the Defendant guilty of all the charges of this case on the ground that the person who received a summary order and the person who operated the company F’s general sales or agency for the crime of violating the Regulation of Similar Receiving Act was the victim of the fraud of this case or the other party to the act of receiving similar facts. In so doing, 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 the establishment of the act of receiving false facts.

In addition, the argument that the BP does not belong to the victim of the fraud of this case or the counter-party to the act of receiving the same kind of money is not a legitimate ground for appeal, since the defendant asserts that it was not a ground for appeal or that the court below did not have decided ex officio

2. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below as to the second ground of appeal, in light of the evidence as to the second ground of appeal, the court below is just in finding the defendant guilty of all of the frauds in the facts charged of this case on the ground that the amount obtained by deceit of the fraud of this case is not the difference between the amount received from the victims and the amount obtained by subtracting the price therefrom, but the amount received by the victims, and there is no error by misapprehending the legal principles as to

3. 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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