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(영문) 대법원 2017.11.09 2017도13466
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even upon examining the relevant legal principles and evidence, the lower court, which maintained the first instance judgment that found all of the facts charged, guilty, did not err by misapprehending the legal doctrine on fraud or by misapprehending the rules of evidence and by misapprehending the criminal intent of deception and deception in violation of the rules of evidence.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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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