beta
(영문) 대법원 2017.05.30 2016도18644

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The adoption and evaluation of facts and the selection of evidence conducted on the premise thereof shall be within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to reverse the first instance judgment and render a not-guilty verdict on each of the facts charged in this case on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there was no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on the intent of deception or fraud in fraud, or failing to exhaust all necessary deliberations.

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