logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.10.27 2016도12337
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds of appeal by Defendant B based on the relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on double punishment, contrary to what is alleged in the grounds of appeal.

2. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant A, C, D, and E on the ground of its stated reasoning, on the ground that each of the facts charged against Defendant A, C, D, and E and the facts charged against Defendant B constituted a case where no proof of crime exists, on April 24, 2012 to 26.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the establishment of fraud or by misapprehending the logical and empirical rules.

Of the judgment below, the prosecutor appealed against Defendant B’s Hyundai Swiss Savings Bank’s guilty charge of fraud, but there is no petition for appeal or appellate brief stating the grounds for objection.

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

arrow