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(영문) 서울고등법원 2016.01.15 2015노2196
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of a crime committed at least 1 times in the table of crimes in annexed Form 1 (1) of the judgment of the court below, the defendant received money from the victim I (hereinafter "victim") to establish an internal relationship with the defendant, and in the case of a crime committed again in annexed Nos. 2 of the same crime list, the defendant receives money from the injured party for his/her preparatory expenses, and in the case of a crime committed between Nos. 3 through 28 of the same crime list, the defendant receives money from the injured party for the purpose of maintaining a living with the defendant.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. Considering the difference between the first instance court and the appellate court’s method of evaluating credibility, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s first instance judgment, and the evidence duly examined.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court in light of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (Supreme Court Decision 2010Do3846 Decided June 24, 2010). The lower court examined the victim as a witness, and convicted the victim of the whole of the facts charged in this case by recognizing the credibility of the victim’s statement.

The court below acknowledged the following facts and circumstances based on the evidence duly admitted and investigated by the court below in this case.

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