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(영문) 대법원 2017.07.18 2017도7177
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Although examining the reasoning of Defendant A’s appeal based on relevant legal principles and evidence, the lower court found Defendant A guilty of the fraud of 14 victims N, etc. among the facts charged in the instant case, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine regarding a joint principal offender for public offering, misapprehending the rules of evidence, or by misapprehending the facts contrary to the rules of evidence, or by

Defendant

A’s assertion of misunderstanding that there is no fact that A led to the crime of fraud against a capital company, one of the victims, and that there is no amount of fraud, is a new argument that is subject to the final appeal, and therefore, it cannot be a legitimate ground for appeal.

In addition, 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of a sentence is unfair in this case where a minor sentence is imposed against Defendant A does not constitute a legitimate ground for appeal.

2. Although examining the grounds for Defendant B’s appeal in accordance with the relevant legal principles and evidence, the lower judgment convicting Defendant B of the facts charged against the Defendant, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine regarding a joint principal offender in collusion, or by misapprehending the rules of evidence

In addition, 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. The records of Defendant C’s grounds of appeal.

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