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(영문) 대법원 2020.02.27 2019도18761
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the part on fraud (excluding the part on acquittal in the grounds of appeal) among the instant facts charged.

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 against logical and empirical rules, by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud, or by violating the presumption of innocence.

In addition, even in light of the record, the court below cannot be deemed to have violated the law or violated the defendant's right of defense.

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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