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(영문) 대법원 2019.10.31 2019도5957
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraudulent part among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud, or by misapprehending the legal doctrine on the criminal intent of deception and

2. On the grounds of appeal by Defendant B, the lower court convicted Defendant B of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the Victim’s Housing City Guarantee Corporation among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the evidence duly admitted, 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, or by misapprehending the legal doctrine on the criminal intent of deception and deception in fraud.

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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