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(영문) 수원고등법원 2020.11.05 2020노313
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (fact-finding) the facts charged of this case where the Defendant, while having no intent or ability to repay the loan, acquired the loan from the victims by means of deception on the value of the apartment house as a collateral, the lower court acquitted the Defendant, thereby adversely affecting the conclusion of the judgment by misapprehending the facts, and thereby adversely affecting the conclusion of the judgment.

2. The lower court, in the form of a participatory trial, proceeded with the trial proceedings in order to examine the witness of F, Victims C, and K, and after the examination of the accused, respected the verdict of innocence by all seven jurors, and deceiving the victims only by the evidence submitted by the prosecutor.

The court found the victims not guilty of the facts charged of this case on the ground that the victims could not be deemed to have proved without reasonable doubt that they conducted the act of disposal due to the Defendant’s deception.

In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the Tribunal on the recognition of facts by a jury composed of citizens cultivated through strict selection procedures is a recommended effect to assist the judgment of the judge of the fact-finding court who has full power over the preparation of evidence and fact-finding under the principle of substantial direct examination and court-oriented trials. If the jury participated in the whole process of fact-finding, such as examination of witness witness, and the verdict of innocence issued by a majority of opinions on the admission of evidence, such as the credibility of the witness's statement, is adopted in accordance with the jury's conviction.

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