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(영문) 대법원 2015.09.24 2015도12923
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, based on the reasoning of the judgment below, Article 1-A of the judgment of the first instance court among the charges of this case, for the reasons indicated in its reasoning.

The judgment that found the Defendant guilty of the fraud of a claim is justifiable, and contrary to the allegations in the grounds of appeal, there is no error of misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or misapprehending the legal principles on fraud.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

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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