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(영문) 대법원 2019.09.25 2019도8645
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the charges.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of fraud.

In addition, in principle, the progress of the trial proceedings and the adoption of the application for examination of evidence belong to the court's discretion. Thus, even if the court below proceeded with the first trial date after one month from the date on which the defendant's request for designation of date was made, and the defendant's examination of witness, inquiry of fact to the prosecution, and the request for delivery of documents are not accepted, it cannot be said that the court below erred by infringing on

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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