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(영문) 대법원 2013.09.12 2013도7199
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

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

1. As to the grounds of appeal by Defendant A, C, and G

A. Examining the reasoning of the lower judgment regarding Defendant A’s violation of the Act on Special Measures for the Registration of Real Estate in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found Defendant A guilty of this part of the facts charged on the grounds of the same judgment, and contrary to what is alleged in the grounds of appeal, there is no

B. Examining the reasoning of the judgment below that Defendant C violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes Act”), violation of the Special Economic Crimes Act (Fraud), occupational breach of trust, and fraud, in light of the evidence duly admitted by the court below, the court below rejected the Defendant’s assertion of denial of joint principal offense and found Defendant C guilty of this part of the charges on the grounds of the circumstances indicated in its holding, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the

C. The lower court’s sentencing is unfair in this case where the said Defendants’ imprisonment with labor for less than 10 years was imposed on the said Defendants.

The argument that the court did not properly examine the various circumstances that are conditions for sentencing cannot be a legitimate ground for appeal.

2. As to the grounds of appeal against the prosecutor’s defendant I, the lower court acquitted the defendant of this part of the charges on the ground that the above defendant cannot be deemed to have intentionally conducted an erroneous appraisal upon the G’s request, based on the circumstances in its reasoning.

The judgment below

In light of the records, the above judgment of the court below is just.

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