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(영문) 대법원 2013.09.27 2013도8704
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 and the first instance court maintained by the lower court, it is justifiable to have determined that the lower court convicted Defendant of charges by citing the first instance judgment. In so doing, 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 exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty of charges by citing the first instance judgment. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

Meanwhile, the argument that the lower court erred by misapprehending the legal doctrine as to the specification of the defrauded, omitting judgment, etc. is not a legitimate ground of appeal, which is alleged in the ground of appeal by the Defendant as the grounds of appeal or by failing to make ex officio judgment.

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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