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(영문) 대법원 2018.08.01 2018도7742
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court, on the grounds stated in its reasoning, was justifiable to have found the Defendant guilty of all of the facts charged in the instant case, of the following: (a) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim CJ among the facts charged; (b) KRW 30 million on April 15, 2013 against the Victim AS; and (c) the Defendant’s fraud of KRW 50 million on August 6, 2013 against the Victim AS; and (d) the Defendant’s fraud of KRW 60 million on August 2, 2013 against the Victim Q.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to fraud and renunciation of conspiracy.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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