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(영문) 대법원 2017.11.29 2017도14658
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant F and G on the ground that there was no proof of crime regarding all of the facts charged in this case against Defendant F and the facts charged against Defendant G, the fraud caused by the defraudation of unemployment benefits by Defendant F and Defendant G, and the violation of the Employment Insurance Act due to the fraudulent receipt of unemployment benefits.

In light of the relevant legal principles and records, the lower judgment did not err by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal is permitted for the wrongful grounds for sentencing. As such, in the instant case where Defendant A was sentenced to more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. 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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