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(영문) 대법원 2015.03.12 2015도476

특정경제범죄가중처벌등에관한법률위반(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 of the judgment below in light of the evidence duly admitted by the court below, it is just to determine that all facts charged of the guilty portion of this case are recognized on the grounds as stated in the judgment below. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on habitual fraud and inclusive crime, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the reasons for acquittal, etc.

In addition, the guilty part of the facts charged of this case is not subject to victim's complaint, and there is no illegality in the court below's punishment covering the part against the victims who did not file a complaint.

In addition, the court below's dismissal of prosecution against the victim AH, AI, and AJ among the facts charged in the case of this case, but the court below's dismissal of prosecution is just in the disposition of this case on the ground that there is a relation between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violation of the Act

Meanwhile, 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.