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(영문) 대법원 2013.03.28 2013도791
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted Defendant B of the facts charged in this case on the grounds as stated in its reasoning. There is no error of law by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles on functional control of a co-principal.

2. Examining the reasoning of the lower judgment as to Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant A was guilty of the facts charged in this case on the grounds indicated in its reasoning is justifiable. In so doing, the lower court did not err by violating logical and empirical rules and exceeding the bounds of the principle

3. 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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