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(영문) 대법원 2019.06.13 2018도10060
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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, or by misapprehending the legal doctrine on the interpretation of “establishment of medical institutions” under Article 33(2) of the Medical Service Act, and the act of deception of a violation of the Act on the Aggravated Punishment, etc.

2. As to the grounds of appeal by Defendant C, the lower court convicted Defendant C of the facts charged against Defendant C (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 recognition of aiding and abetting and

3. As to the Defendant D’s grounds of appeal, the lower court convicted Defendant D of the facts charged on the ground as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 establishment of a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

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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