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(영문) 대법원 2015.06.24 2015도5997
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that all of the facts charged in this case is just, and contrary to the allegations in the grounds of appeal, the court below erred by misapprehending the legal principles as to the commencement time of the commission of the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the calculation of the amount of profit, etc., and contrary to what is alleged in the grounds of appeal.

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 defendant’s punishment is too unreasonable

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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