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(영문) 대법원 2018.2.13.선고 2017도19396 판결
가.특정경제범죄가중처벌등에관한법률위반(사기)·나.특정경제범죄가중처벌등에관한법률위반(횡령[인·정된죄명:특정경제범죄가중처벌등에관한법률·위반(배임)]·다.주식회사의외부감사에관한법률위반
Cases

2017Do19396 A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

(b) A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

Title of crime: Specific Economic Crimes Act, etc.

【Violation of Trust】

(c) Violation of the Act on External Audit of Stock Companies;

Defendant

1. A;

2. B

Appellant

Defendants

Defense Counsel

DN Law Firm (for all the Defendants)

Attorney DO, DR, EF, DS, DV, DP, EG, EH

Judgment of remand

Supreme Court Decision 2017Do1615 Decided May 31, 2017

Judgment of the lower court

Seoul High Court Decision 2017 - 1604 Decided November 9, 2017

Imposition of Judgment

February 13, 2018

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendants guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the modified facts charged against the Defendants on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the calculation of the amount of profit in the crime of deception and disposal, or by violating the principle of direct

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

Justices Park Jae-young

Justices Min You-sook

Justices Kim Jae-tae

Justices Jo Hee-de

Justices Kim Jae-in

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