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(영문) 대법원 2017.01.12 2016도18242
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly adopted by the court below and the first instance court, the court below is just in finding that the court below convicted all of the facts charged in this case as guilty of fraud caused by deceptiveation of payment, registration of loan business, etc., and violation of the Act on the Protection of Financial Users. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to registration of loan business, etc. and the violation of the Act on the Protection of Financial Users, such as misapprehension of the legal principle, or inconsistency of the legal principle as to the registration of a violation of the Act on the Protection of Financial Users, as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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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