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(영문) 대법원 2017.09.07 2017도9461

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, based on the reasons indicated in its reasoning, acquired money by deceiving the victim in collusion with B as stated in the first instance judgment 2015 senior 1415 criminal facts.

Recognizing that the defendant's appeal as to the mistake of facts was rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the determination of the lower court on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the solicitation of fraud and deception, or by exceeding the bounds of free evaluation of evidence

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