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(영문) 대법원 2013.09.13 2011도2636
특정경제범죄가중처벌등에관한법률위반(사기) 등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the facts charged against Defendant A was guilty on the grounds indicated in its reasoning.

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to deception in fraud or omitting judgment.

2. Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to reverse the judgment of the court of first instance on the ground that there is no evidence of crime as to the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant B, and to find the Defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of

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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