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(영문) 대법원 2016.02.18 2015도19416
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The recognition of facts constituting a crime should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court: (1) the Defendant conspired with L to commit the crime of forging private documents, uttering of the above investigation documents, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in collusion with X, thereby committing the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by raising foreign funds to the X management account in collusion with X.

(2) The lower court determined that the first deliberation judgment was justifiable, and found guilty of the facts constituting an offense as indicated in the lower judgment, and rejected the allegation of the grounds of appeal by mistake of facts and misapprehension of legal principles.

In addition, the court below reversed the judgment of the court below on the grounds as stated in its holding, and found the defendant guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (refluence, etc.),

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine and the duly admitted evidence, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by exceeding the bounds of free evaluation principle against logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition of crimes of violation of the Act on the Aggravated Punishment

In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed.

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