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(영문) 대법원 2017.09.21 2017도10653
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

1. The grounds of appeal by Defendant A are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just to reverse the judgment of the court of first instance which acquitted Defendant A of attempted fraud among the facts charged in the instant case on the grounds as stated in its reasoning, and to have sentenced Defendant A of conviction. There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or failing to exhaust all necessary deliberations,

Meanwhile, Defendant A appealed to the remaining guilty portion of the judgment of the court below. However, Defendant A did not state specific grounds in the petition of appeal and did not state the grounds for appeal.

2. Defendant B’s appeal is examined.

Defendant

B did not submit a statement of reason for appeal within the statutory period, and the petition of appeal does not contain specific reasons.

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

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