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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2020.01.09 2019노2699
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Co-defendant B alone by mistake of facts on September 12, 2014, who acquired KRW 15 million from the victim on September 12, 2014, and the Defendant did not obtain the said money by deception from the victim in collusion with the above B.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the relevant legal principles and the principle of court-oriented trials, considering the results of the examination of evidence in the first instance trial and the results of additional examination of evidence conducted by the time of closing argument in the appellate trial, the appellate court should not without permission reverse the first instance judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). 2), unless there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by the witness in the first instance is remarkably unfair (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The Defendant asserted the same purport as the grounds for appeal in the lower court. The lower court also rejected the Defendant’s assertion that the Defendant had made a provisional seizure in collusion with the said part of the facts charged by the Defendant.

Examining the judgment of the court below and the trial court in a consistent manner with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and otherwise, as the defendant asserts in the judgment of the court below.

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