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(영문) 대법원 2006.11.10 2006도5427
사기
Text

The appeal is dismissed.

One hundred days of detention days after an appeal shall be included in the original sentence.

Reasons

1. The court below acknowledged the facts as stated in its reasoning based on its employed evidence, and found the defendant guilty of the fraudulent crime of this case on the grounds that the defendant deceptioned the victim company to conclude the construction contract of this case and acquired the intent to obtain fraud. In light of the records, the court below's finding of facts and determination of facts are just and acceptable, and there is no error of law such as misconception of facts or incomplete deliberation due to violation of the rules of evidence, as argued in the Grounds for Appeal.

Ultimately, we cannot accept the grounds of appeal on the ground that the court below erred by selecting evidence and finding facts, which are the exclusive authority of the court below.

2. Therefore, the appeal shall be dismissed, and one hundred days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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