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(영문) 대법원 2014.12.24 2014도14287
특정경제범죄가중처벌등에관한법률위반(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 selection of evidence and 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 court below, based on its stated reasoning, determined that the defendant deceiving F as stated in the criminal facts in the judgment of the court of first instance, thereby deceiving the money owned by the victim HH advertisement intermediary corporation, and rejected the grounds for appeal on the misconception of facts against this issue.

The ground of appeal disputing the above judgment of the court below is merely an error of the judgment on the evidence selection and probative value of the court of fact-finding which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by 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.

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