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(영문) 대법원 2017.09.07 2017도7793
사기미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court was justifiable to have determined that all of the charges of this case against Defendant A were guilty on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of business by fraud and fraudulent means.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant C’s appeal, the lower court was justifiable to have determined that the instant facts charged against Defendant C was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal doctrine on the obstruction of business by fraudulent means.

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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