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(영문) 의정부지방법원 2017.06.22 2017노447
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the victim or her husband G made a loan to the K farming association by setting up a collateral on the real estate owned by the victim and making an investment in the real estate.

When the defendant borrowed money from the victim's real estate as collateral to him/her, he/she will immediately repay the money to the victim and cancel the right to collateral security.

There is no deception for the damaged person.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see the lower court’s judgment as to the credibility of a statement made by a witness of the lower court is clearly unfair, or comprehensively considering the results of the examination of evidence at the lower court and the results of additional examination conducted until the closing of oral argument at the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness of the lower court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the Defendant asserted to the same effect as the grounds for appeal in the lower court, the lower court asserted to the same effect as the grounds for appeal, the lower court has credibility in the legal statement made by

We rejected the Defendant’s assertion.

In light of the above legal principles, the judgment of the court below is closely consistent with the records.

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