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(영문) 대법원 2015.07.23 2015도6228
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

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

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on Defendant A’s grounds of appeal, the lower court’s determination that all of the charges of this case against the above Defendant was guilty on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misunderstanding the legal principles concerning deception, fraud, and conspiracy and co-principal in fraud.

2. Examining the evidence duly admitted and examined by the lower court and the first instance court on the grounds of appeal by Defendant C and Defendant D, the lower court is justifiable to have determined that all the charges of this case against the said Defendants were guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misunderstanding the legal principles on co-principals.

3. Examining the evidence duly admitted and examined by the court below and the first instance court as to Defendant E’s grounds of appeal, the court below is justified in holding that all of the primary facts charged (excluding the part on acquittal of the original court’s grounds of appeal) against the above Defendant is guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on the deception of fraud.

4. 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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