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(영문) 대법원 2013.09.13 2013도1582

사기

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the criminal intent of

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the sentence is too unreasonable is not a legitimate

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