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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) C shares in the name of D are those in title trust to D by the defendant, and D comprehensively delegates the right to acquire and dispose of them to D.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement of a witness in the first instance, the first instance court shall not reverse the first instance court’s decision without permission, on the grounds that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is different from the appellate court’s decision, in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is clearly erroneous in light of the evidence duly examined by the first instance court, or that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court.
B. The Defendant asserted to the effect that this part of the grounds for appeal are alleged, but the lower court rejected the above assertion on the grounds of detailed reasons in the judgment.
In full view of all the circumstances presented by the court below, which are duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and the results of the examination of the witness J in the trial do not interfere with the above recognition.
The defendant's above assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per
However, in the application of the law of the court below, punishment for the crime of this case.