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(영문) 대법원 2017.01.25 2016도18724
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted each of the instant charges on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the ground that there is no proof of crime.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it 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 relation between deception in fraud and disposal.

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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