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(영문) 제주지방법원 2017.11.09 2017노76

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant actually borne the shares of each of the instant subsidized projects, and there is no fact that he received money from F as stated in each of the instant facts charged, and thus, the deposit amount of the Defendant’s shares is not pretended to be falsified.

Nevertheless, the judgment of the court below which found the Defendant guilty of each of the facts charged of this case is erroneous.

B. The Prosecutor’s sentence (one million won) of the lower court is too unhued and unreasonable.

2. Determination

A. 1) The judgment of the court below on the grounds for appeal by the defendant 1) The defendant asserted the same purport as the grounds for appeal of this case at the court below, and the court below rejected the defendant's argument in detail.

2) The first instance judgment on the credibility of the statement made by a witness of the first instance trial was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist special circumstances to view the first instance court’s determination on the credibility of the statement made by the witness of the first instance court, or in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of the appellate trial, the appellate court does not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.) (1).