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(영문) 대법원 2014.08.26 2014도7474
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court’s finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on admissibility of hearsay evidence and fraud

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 more 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 on the defendant, the argument that the punishment is too unreasonable cannot be

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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