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(영문) 대법원 2017.12.28 2017도17448

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted the Defendants of the instant facts charged.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court did not err by misapprehending the fact by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal doctrine related to the intention of deception in fraud, contrary to what is alleged in the grounds of appeal.

The argument that the court below erred by mistake in the facts regarding the conditions of sentencing is ultimately unfair.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the Defendants were sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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