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(영문) 대법원 2018.01.25 2017도18375
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted Defendant A of all the facts charged (excluding non-crimes and dismissed parts of the prosecution) against Defendant A on the grounds indicated

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles, without exhausting all necessary deliberations as alleged in the grounds of 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, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, it is justifiable for the lower court to have found the Defendants not guilty of the charges of fraud regarding the part concerning the Z, on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding deception, disposal, and causal relation in fraud, or by exceeding the bounds of the principle of free capital

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication in the petition of appeal as well as the reason for appeal.

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

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