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(영문) 대법원 2015.03.12 2015도944

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found all of the facts charged in this case guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the relevant legal doctrine, or by violating the principle of court-oriented

In addition, the argument that the check used by the defendant is not forged, but altered is not a legitimate ground for appeal, as it is alleged in the ground of appeal by the defendant, or by the court below that it is not subject to judgment ex officio.

Furthermore, the lower court did not err in its determination as otherwise alleged 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.