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(영문) 대법원 2017.06.15 2017도3854
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining Defendant B and C’s misapprehension of the legal doctrine, hearing failure, and fact-finding assertion based on relevant legal principles and evidence, the lower court found Defendant B and C guilty of the fraud of the facts charged in the instant case on the grounds stated in its reasoning, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine on the criminal intent of defraudation in fraud and the joint principal offender, or by failing to exhaust all necessary deliberations, thereby violating logical and empirical rules.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the Defendants’ wrongful assertion of sentencing, an appeal is permitted only for a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced. As such, in the instant case where the Defendants were sentenced to more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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