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(영문) 대법원 2013.11.28 2013도12069
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that it is unlawful because the court below made a false fact-finding or erred by misapprehending the legal principles despite the fact-finding that the defendant did not have a criminal intent to acquire the defendant, and the circumstances where the defendant received funds from the victim are different, and the defendant's liability is not a civil matter.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the record, even if the reasoning of the judgment of the court below was examined, it cannot be found that the judgment exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or in misunderstanding the legal principles as to the criminal intent

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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