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(영문) 인천지방법원 2017.09.08 2017노2016
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principles, misunderstanding of the facts) was found in the precious metal of this case operated by the injured party, and the Defendant issued gold celebs to the employee F, and issued them.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine on the rules of evidence or by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. The Defendant made the aforementioned assertion in the lower court, and the lower court examined the CD screen images, which were directly examined by witnesses D and F, and which were re-examined by reproducing the CCTV images, and thereafter, deemed credibility in the witness D and F’s legal statement, while explaining the reasons for the determination in detail.

Based on the judgment of the court below, the facts charged are recognized.

Therefore, in light of the records, there is no objective reason to affect the formation of new convictions from the trial court, and there is no reasonable circumstance to deem that the court below's lawfully adopted and examined evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair because it is against logical and empirical rules (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). 3. Thus, the defendant's appeal is groundless, and therefore, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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