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(영문) 대법원 2014.09.04 2014도9151
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 aware of the fact by deceiving the victim as stated in the instant facts charged, and rejected the allegation in the grounds of appeal for mistake of facts that addresses this issue.

The argument in the grounds of appeal is nothing more than a dispute over the choice of evidence and probative value of the court of fact-finding, which belong to the free judgment of the court of fact-finding.

The judgment below

In light of 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 against logical and empirical rules, and failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on fraud.

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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