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(영문) 대법원 2018.03.29 2018도203
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower judgment that found the Defendant guilty of the instant facts charged did not err by misapprehending the legal doctrine regarding intention in fraud, or by misapprehending the empirical and logical rules, contrary to what is alleged in the grounds of appeal.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor for the Defendant to be imposed is not a legitimate ground for appeal.

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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