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(영문) 대법원 2013.04.26 2013도2687

사기

Text

All appeals are 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 was just in finding Defendant A guilty of fraud with Defendant A’s victim N among the facts charged in the instant case and of the Defendants’ fraud with Defendant N, and did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of logical and empirical rules, or by misapprehending the legal principles on fraud.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced, and thus, in this case where a more minor sentence has been imposed against Defendant A, the allegation that the amount of punishment is unreasonable

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