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(영문) 대법원 2013.04.26 2013도1504
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining Defendant A’s grounds of appeal in light of the reasoning of the lower judgment and the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant A guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and of fraud among the facts charged in the instant case, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending the

2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance that found Defendant B not guilty on the ground that the facts charged in this case against Defendant B constituted a case where there is no proof of crime. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, exceeding the admissibility of evidence such as recording files and recording records, or by misapprehending the legal principles as to the elements for establishing

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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