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(영문) 대법원 2015.08.27 2015도9624
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of fraud among the facts charged in this case on the grounds as stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles

In addition, the court below's decision does not violate the principle of prohibition of disadvantageous alteration, since it did not violate the principle of prohibition of disadvantageous alteration that sentenced the defendant's imprisonment with labor for more than one year and four months in the first instance court while jointly reviewing the case against the defendant who was sentenced to two years of suspended execution and one year of imprisonment with labor for a separate case from the first instance court, and sentenced the defendant to one year and four years of imprisonment with labor for a concurrent crime. Thus,

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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