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(영문) 대법원 2016.10.27 2016도12938
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant B).

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, the court below is just in finding the Defendants guilty of the facts charged. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on deception in fraud, causal relationship with the disposal act, conspiracy co-principal, and burden of proof, or omitting judgment, or by omitting judgment.

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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