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(영문) 대법원 2013.07.25 2013도6323
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, we affirm the judgment of the court below that the part of the judgment of the court of first instance No. 1, 5, and 20 of the indictment of this case is guilty on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the intention of defraudation in fraud or by misapprehending the legal principles as to the facts contrary to logical and empirical rules.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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