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(영문) 대법원 2013.09.12 2013도8044
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding the victim A guilty of fraud among the facts charged in this case on the grounds as stated in its reasoning, and there was no error of misapprehending the legal principles as to deception in fraud, causation between deception and disposal, and damages, or exceeding the bounds of the principle of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unfair

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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