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(영문) 대법원 2014.12.11 2014도13602
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of fraud among the facts charged in this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation

In addition, the issue of whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 2011). Thus, even if the court below did not accept the application for witness of the defendant, it cannot be deemed unlawful.

Meanwhile, the argument that the court below erred in the misapprehension of the legal principles as to the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act shall not be a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below's ex officio.

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

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