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(영문) 대법원 2015.11.12 2015도3951
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The burden of proof for the crime prosecuted in a criminal trial is the public prosecutor, and the conviction shall be based on the evidence with probative value, which makes the judge feel true beyond a reasonable doubt, so that there is no such evidence. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decisions 91Do1385, Aug. 13, 1991; 2002Do6110, Feb. 11, 2003; 2002Do6110, etc.). The lower court, based on its stated reasoning, conducted deception by the Defendants as stated in each of the facts charged in the instant case.

It is difficult to view that there was no reasonable doubt as to the fact that the victims paid the full amount of damages, and even if it is acknowledged that the victims paid the same amount as the stated in each of the facts charged in the instant case, the victims paid the money by deceiving the Defendants’ deception.

The court reversed the first instance judgment and acquitted the Defendants on the grounds that it is difficult to deem the Defendants to have proved to the extent that there was no reasonable doubt as to the Defendants’ intent to obtain unlawful acquisition.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on deception in fraud, causation between deception and disposal act,

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

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