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(영문) 대법원 2016.03.24 2016도637
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence adopted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds indicated in its reasoning.

In conclusion, contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the intention of deception in fraud, or failing to exhaust all necessary deliberations.

In addition, the argument that there was an error in the deliberation of the sentencing conditions in the judgment of the court below is an unfair argument for the sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of an unfair sentencing is allowed only in the case where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced. Thus, the argument that the amount of the punishment is unfair in the case where the defendant was sentenced to a more minor sentence

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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