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(영문) 대법원 2017.08.18 2017도8319
특정경제범죄가중처벌등에관한법률위반(사기)등
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 lower court, the lower court was justifiable to have determined that the facts charged in the instant case involving the Busan District Court 2016 Gohap 64 was guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of fraud, deception, and credibility of confession.

In addition, the argument that the lower court erred by misapprehending the legal doctrine on the remainder of the facts charged except for the above 2016 high 64 case among the facts charged in the instant case (except for the part without charge) is not a legitimate ground for appeal, since the Defendant’s assertion that it was based on appeal or that the lower court was not subject to judgment 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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