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(영문) 대법원 2016.12.15 2016도16089
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of fraud against the victim F among the facts charged in the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the law of logic and experience and free evaluation of evidence or by misapprehending the relevant legal principles

In addition, the argument that there was an error of misconception of facts or misapprehension of legal principles as to the fraud of the victim Q in the facts charged in this case is only a ground for appeal by the defendant, or that there was no ground for appeal by the court below to be judged ex officio, and therefore, it cannot be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of 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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