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(영문) 대법원 2018.10.12 2018도11250
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court convicted Defendant B of the instant facts charged against the Defendant.

The judgment below

Examining the reasoning in light of the 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 regarding the causal relationship between directism, court-oriented principle, burden of proof, deception of fraud, mistake, and dispositive act, as alleged in the grounds of appeal.

2. Defendant A’s assertion that the lower court violated Article 32-2 of the Debtor Rehabilitation and Bankruptcy Act and omitted the judgment on the possibility of restoring damage constitutes an unfair argument for sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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