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(영문) 대법원 2017.03.30 2016도21078
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The recognition of facts constituting a crime must 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 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). The court below, for the reasons stated in its reasoning, found the Defendant guilty of the fraudulent facts against the victim FF corporation as stated in the judgment below and the first instance court, and rejected the first instance judgment, which did not accept the Defendant’s argument disputing the amount of deception, fraud, criminal intent, relationship with the offender, and benefit, and found the Defendant guilty of the facts constituting a crime against the victim No. 1 in the judgment below and the first instance judgment, and rejected the Defendant’s argument that did not dispute the relationship with the deception and the victim No. 1, which did not affect the establishment of the crime, and rejected the Defendant’s appeal on the mistake of facts and legal principles.

Of the grounds of appeal, the argument disputing such fact-finding by the lower court is merely an error of the lower court’s free judgment on the evidence selection and probative value, which is the legal basis 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 relevant legal doctrine as indicated in the lower judgment, and the duly admitted evidence, the lower court did not err in its judgment by misapprehending the legal doctrine on the elements of fraud, such as criminal intent, deception, mistake of victims, and the causal relation between mistake and disposal, the comprehensive judgment on continuous transaction without specifying the date and time of payment, and the calculation of the amount of benefits and losses under the Act on the Aggravated Punishment, etc.

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