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(영문) 대법원 2014.05.29 2014도4053

특정경제범죄가중처벌등에관한법률위반(사기)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence adopted by the court below, the court below is justified in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts or misapprehending the legal principles on fraud by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the grounds for the imposition of punishment too unreasonable cannot

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