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(영문) 대법원 2017.02.03 2016도16342
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant B’s grounds of appeal (to the extent of supplement in case of supplemental statements in the grounds of appeal filed after the lapse of the period for appeal) in light of the evidence duly admitted by the court below, the court below is just in finding Defendant B guilty of all of the facts charged in this case against Defendant B for reasons as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the deception of

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant C’s grounds for appeal, the lower court was justifiable to have determined that Defendant C was guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of violation of the Medical Service Act, the National Health Insurance Act, and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

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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