beta
(영문) 대법원 2018.09.13 2018도10573

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the first instance, the defendant asserted only unfair sentencing on the grounds of appeal, but the appeal was dismissed.

In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.

B. While examining the record, the lower court did not err by misapprehending the legal doctrine on the degree of proof required in the criminal trial and the proof of the criminal intent to acquire by fraud, as alleged in the grounds of appeal.

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