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(영문) 대법원 2018.09.13 2016도12935
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (the grounds of appeal submitted by Defendant J and X after the submission period of the written reasons of appeal are limited to the extent of supplement in case of the grounds of appeal).

1. As to the grounds for appeal by the remaining Defendants except Defendant AG, the lower court upheld the first instance judgment convicting all the charges against the said Defendants on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of defraudation, without exhaust all necessary deliberations in its judgment.

Defendant

B/J also asserts to the effect that the lower court’s punishment is too unfair because it is too unreasonable. However, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of sentencing illegality is allowed only in the case where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is pronounced. As such, the argument that the amount of punishment is unfair in the instant case where Defendant B and J were sentenced to a more minor punishment is not a legitimate

2. As to Defendant AG’s final appeal, Defendant AG did not submit a written reason for final appeal within the submission period of the written reason for final appeal, and Defendant AG did not state the grounds for final appeal in the final appeal.

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

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