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(영문) 대법원 2013.04.11 2013도792
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In light of the circumstances revealed by the evidence duly adopted and investigated by the first instance court and the lower court, the lower court affirmed the first instance court that convicted the Defendant of the instant facts charged on the ground that K was subject to deception from the Defendant, and that it was sufficiently recognized that there was a criminal intent to obtain deception, and that K was a criminal intent to commit fraud on its own account, even if K committed a breach of trust on its own account, the Defendant actively induced K by taking advantage of the Defendant’s act of taking property in breach of trust and taking advantage of the trust against the Defendant, and thus, K was subject to deception from the Defendant regardless of its establishment of the crime of breach of trust, and that it cannot be deemed that the amount obtained by deception as stated in the instant facts charged cannot be deemed as unrefised, and that the Defendant did not receive the compensation order of KRW 9,521,878,400 from the

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and the free evaluation of evidence, or by misapprehending the legal principles on the fraud, deception and compensation order, or by failing to exhaust all necessary deliberations, which affected the conclusion

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

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