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(영문) 대법원 2014.05.16 2014도3491
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of each of the frauds listed in the crime sight table (1) Nos. 1 through 9, 11, 12, 14, 16 through 22, 28 through 30, and 31 through 38 of the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by violating the logical and empirical rules and by misapprehending the bounds of the principle

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have acquitted the Defendant on the grounds that there was no proof of a crime as to the facts charged (1) Nos. 10, 23, and 27 of the crime committed among the facts charged in the instant case’s indictment and the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission as indicated in the List of Crimes (2). 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

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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