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(영문) 대법원 2018.01.25 2017도19218
특정경제범죄가중처벌등에관한법률위반(사기)등
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, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

In contrast to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the criminal intent of deception and fraud in fraud.

In addition, the argument that the judgment of the court below is erroneous in examining the facts that are based on the sentencing is ultimately an unfair argument in sentencing.

Examining various circumstances, including the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to seven years’ imprisonment, is extremely unfair, even in light of the circumstances asserted by the defense counsel.

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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