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(영문) 대법원 2019.07.10 2018도7753
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged in the instant case on the grounds indicated 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 by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding abuse of authority to prosecute, specific facts charged, changes in indictment, establishment of fraud, and “dispositive act by omission” and thereby infringing Defendant A’s right of defense.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged as to the instant facts charged, on the grounds as indicated 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (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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