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(영문) 대법원 2018.12.13 2018도15842
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).

For the reasons indicated in its holding, the lower court found the Defendants guilty.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination is justifiable, and it did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, or by violating the principles of deception, relation to criminal acts, damage amount, conspiracy and modification of indictment, or presumption of innocence, or by violating the principles of non-detained investigation.

In this case where a sentence of imprisonment for less than 10 years has been imposed against the Defendants, the allegation that the determination of the sentence by the court below is unfair cannot be a legitimate ground for appeal.

Therefore, 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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