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(영문) 대법원 2018.01.25 2017도19495
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment that found all of the facts charged in the instant case (excluding non-criminal part) guilty on the grounds stated in its reasoning.

In conclusion, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding deception and the intent of deception in fraud, or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, without exhaust all necessary deliberations.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unfair does not

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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