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(영문) 서울북부지방법원 2013.04.11 2013노231
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 224,60,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

1. The summary of the grounds for appeal did not deceiving the Victim F.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

After the lower court’s direct examination of evidence regarding F, E, U, T, etc. conducted the examination of witness, and subsequently acknowledged the credibility thereof, the lower court convicted the facts charged in the instant case, and found the lower court clearly erroneous determination of the credibility of the said statement.

The defendant's assertion is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

3. According to the conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for remedy order filed in the trial is well-grounded, and therefore, under Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, it is ordered that the defendant pay the applicant for compensation money by deceit as the order, but it is ordered that the above order be provisionally executed pursuant to Article 31 (3) of the same

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