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(영문) 대법원 2016.05.24 2016도2575
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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 recognizes the fact that the Defendant, by deceiving the victims, obtained money, and the act of borrowing each of the facts charged in the instant case constitutes a single comprehensive crime, and thus, the statute of limitations has not expired since the date of the last crime and the statute of limitations has run.

Based on the judgment of the court, we did not accept the allegation of the reasons for appeal.

The ground of appeal disputing the lower court’s factual recognition is merely misunderstanding the lower court’s determination on the selection and probative value of evidence, which actually 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 doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on comprehensive crimes, etc.

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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