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(영문) 대법원 2017.08.24 2017도9049
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 indicated in its reasoning, the lower court acknowledged the guilty of fraudulent facts on May 201, 201 as indicated in the judgment of the lower court, and, on the grounds indicated in its reasoning, found the Defendant guilty of fraudulent facts, the Defendant’s receipt of money from the damaged person constitutes a deception and the Defendant

Recognizing that the defendant's appeal as to the mistake of facts was rejected.

Of the grounds of appeal, the allegation of the lower court’s determination on the admissibility and selection of evidence by the lower court, which belongs to the free judgment of the fact-finding court, is merely erroneous. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on deception and use of fraud, or by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds 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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