beta
(영문) 대법원 2014.03.13 2014도446

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below’s determination that the defendant was guilty of fraud among the facts charged in the instant case on the grounds as stated in its reasoning is just in accordance with the purport of the judgment of remanding the case, and there is no error of exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, or by misapprehending the legal principles

In addition, the argument that there is an error in the investigation procedure of this case is only asserted in the final appeal that the defendant is the ground for appeal or the court below was not subject to an ex officio decision, and it does not constitute a legitimate ground for appeal

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