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(영문) 대법원 2015.09.10 2015도8833
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that Defendant A was guilty of fraud (excluding the part not guilty in the grounds of appeal) with respect to Defendant A, among the facts charged in the instant case against Defendant A on or around April 14, 201, and of fraud with respect to the victim G, on or after the same reasons as indicated in its reasoning. In so doing, the lower court did not err by misapprehending the

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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence is unreasonable

2. According to the records as to Defendant B’s appeal, Defendant B did not submit the grounds of appeal within the statutory period.

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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