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(영문) 대법원 2014.12.24 2014도14035
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, the cooking and choice of evidence and probative value, which are based on the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that there was no evidence of the crime, and reversed the first instance judgment convicting the Defendant of the instant facts charged, and acquitted the Defendant on the ground that it was insufficient to recognize that the Defendant had no intent or ability to pay the price even if the Defendant was supplied with the goods

The Prosecutor’s ground of appeal is merely an error of the lower court’s judgment on the selection and probative value of evidence, which actually belongs to the lower court’s free judgment.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, 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, or by misapprehending the legal doctrine on the criminal intent to acquire 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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