logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.02.13 2017도19216
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court’s determination that Defendant A was guilty of this case’s facts charged (excluding non-criminal part) with respect to Defendant A for the reasons indicated in its reasoning is justifiable.

In short, the lower court did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “for-profit”, “for-profit” as prescribed by Article 27(3) of the Medical Service Act, specification of the facts charged, degree of proof of the facts charged, interpretation under Article 85(2)3 of the former Cooperative Act (amended by Act No. 14140, Mar. 29, 2016), relationship with the criminal intent and person obtained through deception in fraud, admissibility of evidence, etc.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court’s determination that Defendant B was guilty of this case’s facts charged (except for the portion without charge) as to Defendant B on the grounds stated in its reasoning is justifiable.

In so doing, the lower 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 doctrine on “for-profit purposes,” as prescribed by Article 27(3) of the Medical Service Act, specification of the facts charged, degree of proof of the facts charged, relation to the criminal intent and person obtained through deception in fraud, admissibility of evidence, joint principal offender, and coercion, etc.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow