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대법원 2014.11.13 2014도11662
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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). Examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the evidence duly admitted, the first instance judgment convicting the Defendant of the instant fraud charges and the lower judgment that maintained its conclusion, did not err by violating the logical and empirical rules and by exceeding the bounds of the principle of free evaluation of evidence, thereby adversely affecting

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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