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(영문) 대법원 2016.09.28 2016도8679
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental written arguments of appeal 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 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 reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, held that the Defendant would transfer the interior facilities and equipment of the instant singing book.

Considering that it is recognized that money has been acquired by deception from the injured party as premium, it did not accept the allegation of the reasons for appeal by mistake of facts and misunderstanding of legal principles.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of facts by the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the above legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on the premium, or by exceeding the bounds of

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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