logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.03.14 2018도19458
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) on September 25, 2012 among the facts charged in the instant case, on the grounds stated in its reasoning, that the lower court: (a) forged private documents related to I bank KRW 5 billion loan; (b) forged such private documents; (c) falsely recorded public electronic records; (d) forged private documents related to E Share Donation Contracts; (e) the use of such private documents related to H share purchase contract; (e) forged private documents related to H share purchase contract; (e) the use of such private documents; (e) the use of such private documents related to debt acquisition on February 27, 2013; and (e) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); and (e) the issuance of the surety insurance policy on March 28, 2013.

In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by failing to exhaust all necessary deliberations, or by misapprehending the legal principles on the amount of profit and the subject of deception.

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

arrow