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(영문) 대법원 2014.02.27 2014도837
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the fraud of the purchase fund under the name of the purchase fund among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on the criminal intent to acquire funds in fraud.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the court below failed to exhaust all necessary deliberations on the sentencing data is merely an allegation

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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