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(영문) 대법원 2016.04.28 2016도2550
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment against Defendant A in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the profit amount of the crime of violation of the Act on the Aggravated Punishment, etc

On the other hand, the defendant appealed to the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal can be found in the petition of appeal.

2. Examining the reasoning of the lower judgment as to Defendant B in light of the record, the lower court’s determination that the Defendant was guilty of aiding and abetting fraud and aiding and abetting the exercise of the above investigation document among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and it did not err by exceeding the bounds of free evaluation of evidence in violation of logical

On the other hand, the defendant appealed to the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal can be found in the petition of appeal.

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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