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(영문) 대법원 2015.10.15 2015도12657

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and there were no errors in the misapprehension of the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or in the misapprehension of legal principles as to deception, deception, criminal intent in fraud, and degree of proof required in the criminal trial.

In addition, the argument that the judgment of the court below is erroneous in misconception of facts about the grounds for sentencing is ultimately an unreasonable sentencing argument.

However, under 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 not less 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 sentencing of the punishment

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