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(영문) 대법원 2013.04.11 2013도1999
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence duly adopted by the court below and the first instance court, it is just for the court below to find the defendant guilty of the facts charged in this case for the reasons as stated in its holding, and there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on the criminal intent to obtain fraud, as alleged in the grounds of appeal.

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the evidence of confessions, etc. is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or as the subject of

In addition, even if the record is examined, it cannot be said that there is an error as alleged.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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