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(영문) 대법원 2016.01.14 2015도17743
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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). On the grounds stated in its reasoning, the lower court convicted victims G of each part of the facts charged in the instant case as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the victim AB, AF, AK, and AU.

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 below. It is nothing more than denying the judgment of the court below 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 judgment of the court below did not err by misapprehending the legal principles on the establishment of fraud, illegal cause and double transfer, etc.

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but the notice of appeal does not indicate the grounds for appeal and does not indicate the grounds for appeal.

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

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