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(영문) 대법원 2014.12.11 2014도12888
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of all of the facts charged in this case against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Subsidy Management Act. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules

In addition, pursuant to 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. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unreasonable

2. According to the records on Defendant B’s grounds of appeal, Defendant B appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the lower court erred by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Management of Subsidies, or by misapprehending the legal principles on the "specific subsidy" in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the "specific amount of profit" in the facts charged in the instant case, or by misapprehending the legal principles on the violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment as to the violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment among the facts charged in the instant case.

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