2017do 1305 A. Fraud

(b) Attempted fraud;

A

Defendant

Attorney-at-Law (Korean National Assembly)

Seoul Central District Court Decision 2016No 2388 decided January 12, 2017

May 31, 2017

The appeal shall be dismissed.

The grounds of appeal are determined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), but the probative value of the selection of evidence and evidence made on the premise of fact-finding belongs to the free judgment of the court of fact-finding (Article 308 of the Criminal Procedure Act).

For the same reasons as in the judgment of the court below, the court below determined that the defendant could be accused of the victim, such as the facts of the crime in the judgment of the court of first instance, and that the intent of the defendant's deception is also recognized, and rejected the argument of the grounds for appeal as to the mistake of facts by the defendant.

The grounds of appeal are the purport of disputing the determination of facts that led to such determination of the original court. It is nothing more than that of the original court's determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. The grounds of the original judgment are examined in light of the above legal principles and the relevant legal principles of the original judgment, as well as the evidence duly adopted, and there is no illegality of exceeding the limit of free evaluation of evidence in the judgment of the original court.

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

Justices Kim So-young

Justices Kim Yong-deok

Justices Kim Shin-chul

Justices Lee Ki-taik