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(영문) 대법원 2019.09.26 2019도10866
특정경제범죄가중처벌등에관한법률위반(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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on intention and causal relationship in fraud, or by violating the principle of court-oriented trial and the principle of direct hearing or omitting judgment

Since whether to adopt a motion for examination of evidence falls under the discretion of the court, even if the court below rejected the defendant's application for witness, it cannot be said that the court below erred in the trial procedure.

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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