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(영문) 대법원 2020.11.26 2020도11864
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by Defendant A, the lower court found Defendant A guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on fraud, fraud, joint processing intent

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of the fraudulent part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), victim L and R among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on fraud, deception,

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on Defendant B, the argument that the punishment is too unreasonable is not legitimate grounds 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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