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(영문) 대법원 2020.04.09 2019도17906
유사수신행위의규제에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by Defendant A, C, E, and G, the lower court convicted Defendant A, C, E, and G of the facts charged (excluding orders and the part not guilty of the grounds) on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on confiscation, intentional act of deception, and specification of facts charged, or by omitting necessary judgment, thereby adversely affecting the conclusion of the judgment.

2. As to the grounds of appeal by Defendant B and D, the lower court convicted Defendant B and D of the facts charged (excluding the text and the part not guilty) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on joint principal offenders, etc.

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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