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(영문) 대법원 2016.11.24 2016도15557

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding that the court below convicted the victim F of the fraud among the facts charged in this case for the reasons stated in its reasoning, and there is no error of law such as misunderstanding of legal principles as to the criminal intent of defraudation in the crime of fraud, contrary

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.