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(영문) 대법원 2014.12.11 2014도9668
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while appealed from the judgment of the court of first instance, the Defendant asserted misunderstanding of facts due to insufficient deliberation on the facts charged of this case or misunderstanding of the legal principles on fraud, along with unfair sentencing as the grounds for appeal, on the date of the first trial of the court below, but on the last day of January 2012 against the victim A of the facts charged of this case, around September 2, 2012, and around September 16, 2012, the Defendant withdrawn his assertion of misunderstanding of facts as to the fraud and misunderstanding of the legal principles as to fraud as to L of the victim.

In such a case, the argument that the lower court erred in mistake of facts as to each of the facts charged in the instant case cannot be a legitimate ground for appeal.

In addition, examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the defendant guilty of the fraud of the victim K, E, G, J, J, H, H, W, X, X, F, D, and I among the facts charged in the instant case on the grounds as stated in its reasoning, and it was not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

Meanwhile, 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 amount of the punishment is unreasonable

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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