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(영문) 대법원 2018.01.25 2017도11809
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of fraud (excluding the part not guilty of the grounds for appeal) among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, the court below did not err by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the “act of deception”, “act of deception”, and “act of unlawful acquisition” in fraud, without exhausting all necessary deliberations as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have found the Defendant not guilty or not guilty of the grounds for appeal on the ground that there was no evidence of the crime regarding the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case and the fraud on May 9, 2014.

In doing so, the court below did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on fraud without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of objection against the petition of appeal or the reasoning of appeal.

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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