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(영문) 대법원 2017.10.19 2017도11513
사기
Text

The appeal is dismissed.

In the judgment of the court of first instance, the amount of KRW 5,00,000 shall be corrected to “amount of KRW 5,000,000” in the judgment of the court of first instance as “amount of KRW 5,00,000.”

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a fine is imposed against the defendant, the argument that only the selection of evidence and the recognition of facts are not legitimate grounds for appeal without specific grounds for violation of the law of the judgment below.

Therefore, the final appeal is dismissed pursuant to Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the judgment of the court of first instance, it is decided to revise it ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

October 19, 2017

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