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(영문) 대법원 2017.10.12 2017도9368
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant A’s appeal, the lower court upheld the first instance judgment that found Defendant A guilty of fraud among the facts charged in the instant case against Defendant A, on the grounds stated in its reasoning.

In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of fraud, and the establishment of cooperatives, etc., without exhausting all necessary deliberations, as alleged in the grounds of appeal.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants of violation of the Act on the Regulation of Similar Receiving Acts among the facts charged in the instant case, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the receipt of similar messages.

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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