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(영문) 대법원 2016.01.28 2015도18531
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the charge of this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of fraud.

On the other hand, whether or not closed pleadings are resumed is the matter belonging to the court's discretion.

Therefore, after the closure of pleadings, the court below rendered a sentence without denying the defendant's application for resumption of pleadings and without resumption of pleadings.

There is no error in law (see Supreme Court Decision 2005Do6503, Oct. 28, 2005, etc.). In light of the records, the court below did not err in violating Article 365 of the Criminal Procedure Act or infringing on the right to a trial, as alleged in the grounds of appeal.

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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