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(영문) 대법원 2015.02.26 2014도13198
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 selection of evidence and 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). Based on its stated reasoning, the lower court rejected the grounds of appeal on the mistake of facts and misapprehension of legal principles against the defendant's assertion of the defendant's false resume and the causation between the victims' mistakes, the appointment of instructors and the payment of lecture fees.

The allegation in the grounds of appeal is merely an error in the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment of the court of fact-finding, as the purport of substantially disputing the

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 against logical and empirical rules, or by misapprehending the legal doctrine on fraud.

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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