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(영문) 대법원 2017.12.28. 선고 2017도17454 판결
특정경제범죄가중처벌등에관한법률위반(사기)
Cases

2017Do17454 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

Defendant

A

Appellant

Prosecutor

Defense Counsel

Law Firm B, Attorney C, D, CZ, DC

The judgment below

Seoul High Court Decision 2016No1542 Decided October 12, 2017

Imposition of Judgment

December 28, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of this case on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the record, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

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

Judges

Justices Lee Ki-taik

Justices Kim Chang-suk

Justices Kim Jae-hyung

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