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(영문) 대법원 2013.09.13 2012도15987
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The selection of evidences and determination of probative value based on the premise of fact finding belong to the exclusive authority of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below's determination that the facts charged in this case are recognized is just and acceptable, and it cannot be found that the facts charged exceeded the limit of the principle of free evaluation of evidence in its fact-finding, and there is no error of law such as the degree of proof of facts constituting a crime as alleged in the ground of appeal, incomplete deliberation on the crime of deception and deception in fraud, or misapprehension of legal principles as to the criminal intent of deception in fraud, as alleged in the ground 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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