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(영문) 대법원 2014.04.30 2014도2649
사기
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is justifiable for the lower court to have convicted all of the facts charged of the instant case on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on the criminal intent to acquire fraud in fraud.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed at the original trial. Thus, an appeal by the Supreme Court is not allowed for the defendant to be filed on the grounds that the sentence

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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