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(영문) 대법원 2015.12.24 2015도17093
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds of appeal by Defendants B and C, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

In this case where a more minor punishment is imposed against the Defendants, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. Examining the grounds of appeal by the prosecutor, it is justifiable to maintain the judgment of the court of first instance that acquitted Defendant B and Defendant E on the ground that there is no proof of crime regarding the fraud of the apartment remaining purchase loan against Defendant B and Defendant E among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on deception in fraud.

3. Therefore, 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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