beta
(영문) 대법원 2013.04.26 2013도2340

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence, provides that the probative value of evidence shall be decided by the judge’s free evaluation of evidence is consistent with the discovery of substantial truth. As such, a fact-finding judge who has a prior right to the determination of evidence shall, while conducting fact-finding, take into account the perception obtained in the trial proceedings and the evidence investigated, without any further consideration. The judgment shall

According to the evidence duly adopted on June 25, 2004 (see, e.g., Supreme Court Decision 2004Do2221, Jun. 25, 2004) that was the owner of E, F land (hereinafter “E land”, “F land”) reported the new construction of Class II neighborhood living facilities on the ground of F to Yangyang-si Gun. The head of Yangyang-gu Gun accepted the said report on the condition of payment of expenses for restoration of the mountainous district, expenses for forest resources creation, license tax, purchase of municipal development public bonds, etc. on August 3, 2009; G or the Defendant purchased E, F land from S and completed the registration of ownership transfer under the name of G on January 19, 2010; G were delegated with all authority, such as change of the owner of land related to the report of new construction of F land; G was paid at KRW 100,000,000 to the Defendant on March 17, 2010 for sale of part of the above land and part of E-use shares.