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(영문) 대법원 2020.01.30 2019도16453
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court convicted the part concerning the fabrication of private documents related to BD, BN, and the part concerning the uttering of the falsified Private Document related to BD, BD, BF, and the part concerning the preparation of qualification specifications documents and the use of qualification specifications documents, and the part concerning the fraud of the victim AS, AU, BE, and AR.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the probative value of disposal documents, fabrication of private documents, uttering of falsified documents, preparation of qualification-based private documents, and establishment of the crime of uttering of qualification-based private documents.

The judgment below

Among them, the argument that the defendant erred by misapprehending the legal principles as to the blanket crime against the victim AD's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall not be a legitimate ground for appeal, as it is alleged in the ground for appeal by the court below that it was not subject to judgment ex officio.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine, as otherwise alleged in the grounds of appeal.

Examining various circumstances that form the conditions for sentencing indicated in the records, such as the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s sentencing that sentenced the Defendant to 13 years of imprisonment cannot be deemed extremely unfair even in light of the circumstances asserted in the grounds of appeal.

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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