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(영문) 대법원 2020.03.26 2020도785
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that there was no proof of crime regarding the Defendants’ fraud by the victim E, F, and G among the facts charged in the instant case and the concealment of part of Defendant B’s document.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the fraud fraud.

The Prosecutor appealed the entire judgment of the court below, but the guilty part is not indicated in the petition of appeal or the appellate brief.

2. On the grounds of appeal by the Defendants, the lower court found the Defendants guilty of the fraud of the Defendants’ victim H among the facts charged in the instant case, and of the fraud of Defendant B’s victim K, and of the concealment of some documents.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the fraud fraud fraud fraud fraud fraud, and joint principal offender.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate

3. 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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