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(영문) 대법원 2018.03.13 2017도20935
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, we affirm the judgment of the court of first instance which found the defendant guilty on the charges of fraud against victim D, on the ground that there is no proof of crime.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion of innocence).

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the criminal intent to acquire fraud, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for 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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