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(영문) 대법원 2013.09.13 2013도7510
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the first instance court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is acceptable. In so doing, the lower court did not exhaust all necessary deliberations but exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or did not err by misapprehending the legal doctrine regarding deception in fraud, or by violating

In addition, pursuant to 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 more 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 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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