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(영문) 대법원 2015.01.29 2014도15024
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to maintain the first instance judgment that found all of the facts charged in the instant case guilty on the grounds stated in its reasoning.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misunderstanding the legal principles on fraud.

In addition, the argument that the court below erred in violation of Article 51 of the Criminal Act in determining the punishment against the defendant constitutes the argument of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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