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(영문) 대법원 2014.06.26 2014도5165
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 of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of giving rise to breach of trust among the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant E’s grounds of appeal, the lower court is justifiable to have found Defendant E guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors 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 criminal intent and deception of fraud, joint principal offense, and possibility of expectation

3. Examining the grounds of appeal by Defendant F in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant F was guilty of this case’s charges on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on illegal solicitation

4. 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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