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(영문) 대법원 2015.01.15 2014도11296
사기
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, the lower court is justifiable to have found Defendant A guilty of all of the facts charged in this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine as to the principal offender.

2. Examining the grounds of appeal by Defendant B (to the extent of supplement in case of supplemental appellate briefs not timely filed) in light of the evidence duly admitted by the first instance court that maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant B guilty of all of the charges of this case (excluding the part on acquittal) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, thereby violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on

In addition, even upon examining the record, there is no evidence to view that there is any ground for retrial under Article 420 subparag. 1 and 3 of the Criminal Procedure Act as to the fraud of the victim L among the facts charged in the instant case that was found guilty against Defendant B.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

3. Therefore, all appeals are to be filed.

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