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(영문) 대법원 2018.4.12.선고 2018도2187 판결
가.사기나.공갈
Cases

2018Do2187 (A) Fraud

(b) Magion;

Defendant

A

Appellant

Defendant

Defense Counsel

Attorney C, BL

Law Firm BM

Attorneys BN, BO, and BP

The judgment below

Seoul Eastern District Court Decision 2016Do1562 Decided January 11, 2018

Imposition of Judgment

April 12, 2018

Text

The appeal is dismissed.

Reasons

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

Examining the reasoning of the lower judgment in light of relevant legal principles and evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. 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 against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of fraud, such as trial-oriented principle, direct deliberation principle, evidence trial principle, non-deflu

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

Judges

The presiding judge shall keep the record of the Justice

The Chief Justice Park Jae-young

Justices Kim Gin-young

Justices Cho Jae-chul

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