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(영문) 대법원 2018.04.24 2017도19940
사기등
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 A’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant A of the facts charged (except for the portion without charge) on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the purpose of profit-making, ex post facto act after the completion of the crime, interpretation of the disposition document, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., awareness players) in the violation of the Labor Standards Act by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by participating in the employment of others

2. As to the grounds for Defendant C’s appeal, the first instance court found Defendant C guilty of the facts charged as to the facts charged against Defendant C, and the lower court upheld the first instance judgment on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Labor Standards Act, fraud, joint principal offenders, etc. due to involvement in employment of another person for profit, without exhaust all necessary deliberations as alleged in the grounds of

3. As to Defendant D’s final appeal, Defendant D did not submit a written reason for final appeal within the submission period of the written reason for final appeal, and Defendant D did not state the grounds for final appeal in the final appeal.

4. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted Defendant A and B of the facts charged (excluding the portion guilty) on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal violates logical and empirical rules.

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