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(영문) 대법원 2019.03.28 2018도19927
사기
Text

All appeals are 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, which are the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Of the facts charged in this case, the court below reversed the judgment of the court of first instance that acquitted Defendant B of the part on the attached list 1 through 6 and the part on the defendant C, and convicted the Defendants of all the facts charged.

The ground of appeal disputing fact-finding among the judgment of the court below is merely a dispute over the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the court of fact-finding.

The judgment below

Examining the reasoning in light of the aforementioned legal doctrine and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the intention of fraud and the establishment of joint principal offenders, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, in violation of the principle of trial-oriented, direct psychological and burden of proof, and exceeding the bounds of the principle

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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