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(영문) 대법원 2017.07.11 2017도6044
특정경제범죄가중처벌등에관한법률위반(사기)
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 a crime should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), but the selection of evidence and the probative value of evidence which is based 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 determined that among the facts charged in this case, it should be subject to aggravated punishment pursuant to Article 3(1)2 of the Act on the AS Real Estate Punishment, etc. of Specific Economic Crimes for Victims M, on the grounds as stated in its reasoning, the defendant conspired with I to obtain pecuniary benefits equivalent to the security value of the victim M as stated in the judgment of the victim.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that led to such determination by the court of fact-finding. It is nothing more than denying the judgment of the court of fact-finding on the selection and probative value of evidence, which belongs to the free judgment by the court of fact-finding. In addition, even after examining the reasoning of the judgment below in light of the aforementioned legal principles, the relevant legal principles as stated in the judgment of the court below, and the evidence duly admitted, the judgment of the court below did not

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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