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(영문) 대법원 2017.09.07 2017도8448
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted, it is justifiable for the lower court to have upheld the first instance judgment that found Defendant A guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim Y among the facts charged against Defendant A, on the grounds indicated in

In contrast to the allegations in the grounds of appeal, the court below 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 principles on the intent of defraudation, deception by omission, and calculation of profit amount in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

2. As to the reasons for the Prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Prosecutor on the charge of the instant case (excluding the part on conviction as seen earlier) on the grounds that there was no proof of crime as stated in its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In doing so, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on joint principal offenders, the criminal intent by defraudation, the breach of duty in breach of trust, the intentional breach of trust,

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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