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(영문) 대법원 2018.11.29 2018도13074
횡령방조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, it is justifiable for the lower court to have rendered the judgment of the first instance court not guilty or not guilty on the grounds that there was no proof of each crime regarding the establishment of gambling places among the facts charged against Defendant A, among the facts charged against Defendant C, of habitual aiding and abetting gambling among the facts charged against Defendant C, the acquisition of stolen goods among the facts charged against Defendant C, the establishment of gambling places, the registration of partial lending business, etc., and the violation of the Act on the Protection of Financial Users (A) and the establishment of gambling places among the facts charged against Defendant D.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on habitual gambling aiding and abetting, the meaning of opening gambling places, etc.

2. As to the grounds for appeal by Defendant C, the lower court affirmed the first instance judgment convicting Defendant C of the charge of aiding and abetting gambling and the registration of each lending business, etc. and the violation of the Act on the Protection of Financial Users (excluding the part of acquittal for some reasons).

In addition, in relation to the above aiding and abetting, it was determined that No. 66 (Carrying phone) seized was an object provided for a crime and subject to confiscation.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the determination of a crime of aiding and abetting and abetting in the crime of aiding and abetting and abetting gambling, and the subject matter and requirements of confiscation under Article 48(1)1 of the Criminal Act.

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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