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(영문) 대법원 2018.10.25 2017도6714
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the legal doctrine on “illegal solicitation” in the crime of taking property in breach of trust, and thereby failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on “illegal solicitation” in the crime of taking property in breach of trust, as alleged in the grounds of appeal.

2. On the grounds of the prosecutor’s appeal, the lower court acquitted the Defendants on the ground that there was no proof of crime as to the facts charged in the instant case (excluding the guilty portion) on the grounds stated in its reasoning.

In light of the record, the lower court did not err in its determination by misapprehending the bounds of the principle of free evaluation in violation of logical and empirical rules or by misapprehending the legal doctrine on public offering and the violation of the Public Notice of Values and Appraisal of Real Estate Act, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of objection against the petition of appeal or the reasoning of appeal.

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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