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(영문) 대법원 2013.07.26 2013도6348
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s assertion in the grounds of appeal is that the lower court found the Defendant guilty of this part of the charges on the following grounds: (a) despite the absence of the Defendant’s receipt of the amount of KRW 40 million among the charges of this case, the lower court erred by finding the victim’s false statements and thereby making the Defendant guilty of this part of the charges; and (b) the lower

However, as long as the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof do not exceed the bounds of the principle of free evaluation of evidence, it cannot be found that the court below exceeded the bounds of the principle of free evaluation of evidence even in light of the reasoning of the court below and the records. Thus, the ground of appeal as to the above fact-finding merely criticizes matters belonging to the exclusive authority of the court below, and thus, it cannot be a legitimate ground of appeal. The argument that the defendant's punishment is too heavy cannot be a legitimate 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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