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(영문) 대법원 2017.11.29 2017도13123
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds for appeal by Defendant A, B, and C based on relevant legal principles and evidence, the lower court’s judgment convicting the said Defendants of the instant facts charged on the grounds stated in its reasoning did not err by misapprehending the legal doctrine on the deception of fraud, etc., contrary to what is alleged in the grounds of appeal.

2. As to the grounds for appeal by Defendant D, the argument that the lower court erred by misapprehending the facts and infringing on the essential contents of the principle of balance in the crime or the principle of accountability, such as the failure to examine the sentencing grounds, including the act of filing a self-denunciation and an internal corruption, constitutes an unfair determination of sentencing.

In doing so, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the above defendant was sentenced to minor punishment 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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