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(영문) 대법원 2018.04.12 2018도205
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there is no error of law by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the burden of proof, the relationship between deception and the dispositive act, the intention of repayment and the ability to perform, and the intent of defraudation

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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