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(영문) 대법원 2014.07.10 2014도5806
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 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). On the grounds indicated in its reasoning, the lower court recognized the lower court’s judgment that found all of the instant charges of fraud guilty, and rejected the grounds for appeal as to mistake of facts against which the appeal was lodged.

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the lower court.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence.

In addition, the ground of appeal that there was an error of law by misunderstanding the legal principles as to the subject of attribution of property benefits in the judgment below is not a legitimate ground of appeal since the defendant alleged in the ground of appeal that the court below did not consider it as the subject of judgment ex officio

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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