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(영문) 대법원 2016.08.29 2016도9729

사기

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). The lower court, on the grounds the same as indicated in its reasoning, found all criminal facts in the judgment below guilty.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of facts by the court of fact-finding, and is merely an error in the judgment of the court of fact-finding on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on the elements for establishment of fraud and fraud, etc., the following fraud and inclusive crimes, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of free evaluation of evidence,

The Supreme Court decisions cited in the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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