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(영문) 대법원 2016.12.29 2016도16756
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of fraud against the victim AC among the modified facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the criminal intent to acquire by deception or the principle of free evaluation of evidence beyond the bounds

In addition, the argument that the court below erred in the misapprehension of legal principles as to the exclusionary rule of illegally collected evidence, the admissibility of non-voluntary statement, the hearsay rule, etc. is not a legitimate ground for appeal, as it is alleged in the ground for appeal by the defendant, or by the court below that there is no judgment subject to ex officio

2. As to the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of crime as to the fraud of the victim AD and AF among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law of violation of the principle of free evaluation of evidence against logical and empirical rules.

3. 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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