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(영문) 대법원 2015.02.26 2014도17941
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court is justifiable to have convicted all of the facts charged of this case.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the principle of no punishment without law, or by misapprehending the facts contrary to the logical and empirical rules, the establishment of a co-principal in fraud, the probative value of evidence

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is unfair

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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