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(영문) 대법원 2017.07.18 2017도7136
특정경제범죄가중처벌등에관한법률위반(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, recognizing that the criminal facts in the judgment of the first instance have been sufficiently proven without reasonable doubt, did not accept the grounds for appeal as to the mistake of facts by the Defendant disputing the facts of deception and intention.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which 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 principles and the relevant legal principles of the first instance court and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on deception, deception, and the relation between deception and disposal, as otherwise alleged in the grounds of appeal, and in violation of the rules of logic

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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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