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(영문) 대법원 2014.02.27 2013도16134
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant was guilty of fraud in relation to the purchase of scrap metal as of March 4, 2011 among the facts charged in the instant case, and rejected the allegation in the grounds of appeal as to the mistake of facts that asserted this.

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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and it is difficult to view that the judgment of the court below

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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