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(영문) 대법원 2018.07.12 2018도5291
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted Defendant B of all of the following facts, on the grounds indicated in its reasoning: (a) the fraud of using each computer, etc. due to loan against loan against credit sales claims, which was received in the name of AT Co., Ltd among the charges of the case No. 2017 high-class 181, and (b) the violation of the Act on the AK A

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the intent to obtain fraud, the relationship between deception and the disposal of property, and the calculation of the amount of fraud.

2. As to the grounds for each of the appeals by Defendant G and H, the lower court, on the grounds stated in its reasoning, deemed that there was no proof of a crime regarding the fraud by using a computer, etc., which is the primary charge against Defendant G and H, and found the Defendant guilty of aiding and abetting the use of the computer, etc., which is the ancillary charge added at the lower court, on the same ground as the first instance judgment.

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 free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of

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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