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(영문) 대법원 2018.02.08 2017도17853
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A’s appeal in light of the evidence duly admitted by the court below, the court below was just in finding Defendant A guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the modified facts charged in this case. Contrary to the allegations in the grounds of appeal, the court below did not err 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 duty of disclosure

2. As to Defendant B’s ground of appeal

A. Examining the reasoning of the lower judgment on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the modified charges of this case. In so doing, the lower court did not err 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 the public offering, deception

B. Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the crime of violation of the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) from among the revised facts charged in this case, the court below is just in finding the defendant guilty of the violation

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

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