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(영문) 대법원 2016.05.26 2016도331
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds for appeal, the lower court was justifiable in its determination that the lower court convicted the Defendant of all of the forgery of private documents and the exercise of the aforementioned investigation documents regarding the standard contract for private construction works (civil engineering) in the instant facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence

2. As to the reasons for the prosecutor's appeal, the court below reversed the judgment of the first instance court which found the victim D among the facts charged in the case of this case on the grounds that there was no proof of the crime, and sentenced D's waiver of lien in the name of D, and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the private document against each of the following specifications, and sentenced D's acquittal in the order. The court below reversed the judgment of the first instance court which found the victim guilty on the grounds that there was no proof of the crime, and sentenced the victim not guilty on the ground that D's waiver of lien in the name and the exercise of the above investigation document against each of the above documents, forgery of the standard contract for private construction (civil engineering) contract in the name of D's private construction (civil engineering) and the exercise of the above investigation document, and sentenced the victim not guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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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