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(영문) 대법원 2017.05.31 2017도3603
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

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

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty of both violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each fraud among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, the court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the criminal intent and deception in fraud, the principle of trial on evidence under the Criminal Procedure Act, the principle of free evaluation, and Article 325 of the Criminal Procedure Act.

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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