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(영문) 대법원 2019.10.18 2019도10850
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds as indicated in its reasoning, the lower court rendered a not guilty verdict on the grounds that there was no proof of crime regarding the part of the instant charges committed on May 13, 2016 and each of the charges committed on December 8, 2016, among the charges charged in the instant case, on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a false accusation.

2. On the grounds stated in its reasoning, the lower court found the Defendant guilty of the remainder of the facts charged of this case, excluding the aforementioned acquittal portion.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 intent of defraudation in fraud and the establishment of false accusation

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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