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(영문) 대법원 2013.11.28 2013도12156
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that the facts charged in this case were guilty is just, and contrary to what is alleged in the ground of appeal, the court below did not err by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and habituality.

In addition, the lower judgment did not recognize mental disorder.

The assertion that there was an error of mistake of facts as to the frauds listed in Nos. 17, 51, 100 of the crime sight table, is only made in the final appeal in the absence of the defendant's grounds for appeal or the decision of the court below is subject to ex officio determination, and it does not constitute a legitimate ground for appeal.

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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