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(영문) 대법원 2015.08.13 2015도7207
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the first instance court and the evidence duly admitted by the lower court, the lower court is justifiable to have determined that Defendant A was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged against Defendant A on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation

2. Examining the reasoning of the lower judgment in light of the first instance court and the evidence duly admitted by the lower court as to Defendant B’s grounds of appeal, the lower court is justifiable to have found Defendant B guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and of violating the Act on the Regulation and Punishment of Punishment of Criminal Proceeds Concealment, etc. on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the wrongful solicitation, mistake, causal relationship, fraud,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

3. The reasoning of the lower judgment on the grounds of appeal by the prosecutor is recorded.

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