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(영문) 대법원 2016.04.28 2016도1489
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by defense counsel after the lapse of the period for appeal).

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, it is just that the court below found Defendant A guilty of both violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part not guilty for the reason) and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) on the Federation of the Victim’s Agricultural Cooperatives among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation, or by misapprehending the legal principles on the relation of duties in violation of the Act on the Aggravated Punishment, etc

2. Examining the reasoning of Defendant G’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the lower court convicted Defendant G of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as flood, etc.) among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on job relevance and property interest in the

3. 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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