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(영문) 대법원 2013.06.27 2013도4623

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the Defendant did not state the grounds for objection in the petition of appeal.

2. As to Defendant B’s appeal, the Defendant’s argument in the grounds of appeal is that the lower court convicted Defendant B by violating the rules of evidence and conducting erroneous fact-finding which did not exhaust all necessary deliberations, and by misapprehending the legal principles as to the requirements for establishment of fraud and joint principal offense, etc. In so doing, the lower court’s judgment is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning in light of the record, it is difficult to find out any error exceeding the bounds of the principle of free evaluation of evidence in the fact-finding and judgment of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be accepted as a legitimate ground of appeal.

In addition, there is no illegality in the court below's misapprehension of the legal principles regarding the elements of fraud and joint principal offender.

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