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(영문) 대법원 2014.10.15 2014도5566
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). For the reasons indicated in its reasoning, the lower court determined that the Defendant was aware that the Defendant could not immediately repay the loan at the time of the instant loan and received money by deceiving the victim as if he would immediately repay the loan by taking H’s real estate as collateral, and rejected the grounds for appeal on the mistake of facts by the Defendant

The allegation in the grounds of appeal is nothing more than dispute over the judgment of the court below on the selection and probative value of evidence, which belongs to the court of fact-finding

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or omitting judgment on the intent of fraud, etc.

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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