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(영문) 대법원 2016.03.24 2015도20459
사기
Text

The appeal is 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 preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court determined that the Defendant, as recorded in the facts charged, had acquired money by deceiving the victim F as stated in the facts charged, and rejected the allegation of the grounds for appeal by mistake of facts.

The allegation of the grounds of appeal that such determination by the lower court is erroneous is the purport of disputing the lower court’s finding of facts. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, by misapprehending the legal doctrine regarding fraud, or by violating

In addition, the argument that there was a violation of the rules of evidence, or misunderstanding of legal principles as to the fraud part against victim C among the judgment below is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, since the defendant asserts that it was based on appeal or the court below did not consider it as being subject to judgment ex officio.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal is allowed, and thus, a more minor sentence is imposed against the defendant.

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