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(영문) 대법원 2017.09.21 2017도9704
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Even when examining the argument on the grounds of appeal by Defendant A based on relevant legal principles and evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, or by misapprehending the legal doctrine regarding the specification of the facts charged, prohibition of dynamics and criminal liability under the Constitution, and the relation between the person in fraud and the timing of acceptance, without failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, in the lower judgment that convicted Defendant A of the facts charged.

2. Although examining the Defendant C’s allegation of the grounds of appeal based on relevant legal principles and evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of defraudation in fraud, contrary to what is alleged in the grounds of appeal, in the lower judgment that convicted Defendant C of the instant facts charged on the grounds of its stated reasoning.

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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