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(영문) 대법원 2014.11.27 2014도12618
특정경제범죄가중처벌등에관한법률위반(사기)등
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).

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 court below rejected the defendant's argument that the defendant was entitled to dispose of the land of this case as a single shareholder of G Co., Ltd. or to prepare the above company-related documents, and judged that the defendant's intent to acquire the land of this case is recognized as the amount obtained by deceit and the amount obtained by deceit is the amount determined, and rejected the grounds of appeal as to the mistake of facts and misapprehension of legal principles, and found the defendant guilty

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the lower court.

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 by misapprehending the legal doctrine on the amount of injury caused by fraud, etc., or by failing to exhaust all necessary deliberations,

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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