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(영문) 대법원 2017.09.07 2017도9532
사기
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). For the reasons stated in its reasoning, the lower court, based on the reasons stated in its reasoning, by deceiving the victims without any intention or ability to repay as stated in each criminal facts in the judgment of the first instance.

Recognizing that the defendant's appeal as to the mistake of facts was rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and duly admitted evidence, the lower court did not err in its judgment by misapprehending the legal doctrine on the subject of adjudication by the appellate court, the relation between deception of fraud and the dispositive act, etc., and failing to exhaust all necessary deliberations, or by exceeding the bounds of free

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that discretionary judgment on the sentencing of the court below is unlawful in violation of the Constitution and the law is not a legitimate ground for appeal.

The Supreme Court precedents cited as the grounds for appeal are the instant case.

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