특정경제범죄가중처벌등에관한법률위반(사기)등
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed). The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to find the lower court guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the first to 2 through 5, and 9 of the list of crimes attached to the judgment of the first instance among the facts charged in the instant case on the grounds stated in its reasoning.
In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending relevant legal principles.
The assertion that the facts charged in this case were not specified, or that there was a misunderstanding of the remaining facts as to the charges in this case except 1.2 to 5, 9, a list of crimes attached to the judgment of the court of first instance, is not a legitimate ground for appeal, since the defendant's grounds for appeal or the court below's decision was not subject to a judgment ex officio.
The defendant appealed against the judgment of the court of first instance, and there is an error of law in the police investigation procedure as well as misconception of facts on the grounds of appeal, sentencing, and illegality.
However, the first trial of the court below withdrawn the illegality of the investigation procedure on the trial date.
In such a case, the assertion that police investigation procedures are unlawful is not a legitimate ground for appeal.
On the other hand, the argument that there is error in the reasons stated by the court below in determining the defendant's unfair argument of sentencing is an unfair argument of sentencing.
According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is legitimate.