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(영문) 대법원 2017.06.19 2017도5414
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant B, the misapprehension of the legal principles on the treatment of single concurrent crimes after the Article 37 of the Criminal Act, which is alleged in the grounds of appeal, constitutes an unfair argument in sentencing.

Accordingly, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal is permitted based on unfair grounds for sentencing. As such, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is justifiable to maintain the judgment of the court of first instance which acquitted Defendant A on the ground that there was no proof of crime regarding the fraud caused by deception of purchase price of each smartphone among the facts charged in the instant case against Defendant A for the reasons stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. 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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