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(영문) 대법원 2019.01.17 2018도12260
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of violating the Act on Door-to-Door Sales, Etc. among the facts charged in the instant case, found the Defendant not guilty of the violation (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which is the primary facts charged, on the ground that there is no proof of crime, and found the Defendant guilty of the ancillary

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 failing to exhaust all necessary deliberations and by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the scope of application of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and intentional act of aiding and abetting and abetting a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the interpretation of the Act on Door-to-Door Sales, etc., and by misapprehending the legal principles on the relation of acceptance of crimes of aiding and abetting a joint principal and abetting a violation of the Act (Fraud

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

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