logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.05.12 2016도3478
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the legal principles on the intent to commit fraud, the degree of proof, and the principle of disadvantage against the victim K, without failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by misapprehending the legal doctrine on the intent to commit fraud, the degree of proof, and the principle of disadvantage.

In addition, the argument that the court below erred by misunderstanding the legal principles as to the fraud of victim V, AE, and AF, is not a legitimate ground for appeal, since the defendant asserts that the court below did not consider it as the ground for appeal, or did not consider it as the object of judgment ex officio.

Meanwhile, the argument that the lower court’s determination of sentencing erred in the violation of the rules of evidence or the failure of trial constitutes an unfair argument in sentencing.

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow