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(영문) 대법원 2016.02.18 2015도20141
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence, the lower judgment that found the Defendant guilty of the instant facts charged (excluding the portion not guilty of the reasoning) did not err by misapprehending the legal doctrine on deception and deception in fraud, as otherwise alleged in the grounds of appeal, or by misapprehending the logical and empirical rules, as otherwise alleged in the grounds of appeal.

In addition, the argument that the court below erred in violating the principle of balance of punishment or the principle of accountability is an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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

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