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(영문) 대법원 2015.12.10.선고 2013도16029 판결

사기

Cases

2013Do16029 Fraudulent

Defendant

1. A;

2. B

Appellant

Defendants

Defense Counsel

U.S. Law Firm (for Defendant A, Attorneys V, and W

Law Firm J (LLC) X (For the Defendants)

Y, Z, AA

Judgment of the lower court

Seoul Central District Court Decision 2013Do3456 Decided December 6, 2013

Imposition of Judgment

December 10, 2015

Text

All appeals are dismissed.

Reasons

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

1. As to Defendant A’s ground of appeal

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err 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

2. As to Defendant B’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court’s determination that the Defendant was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

Meanwhile, the argument that the judgment of the court below contains an error in sentencing constitutes an allegation of unfair sentencing. However, under Article 383 subparag. 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 is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, the argument that the determination of the sentence is unreasonable is not a legitimate ground for appeal.

3. Conclusion

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

Justices Park Jae-young

Justices Park Sang-ok.

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Cho Jong-hee

심급 사건
-서울중앙지방법원 2013.12.6.선고 2013노3456