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(영문) 대법원 2018.02.13 2017도19747

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted of the charge of fraud and violation of the Financial Investment Services and Capital Markets Act among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the fact that it exceeded the bounds of the principle of free conviction in violation of logical and empirical rules without exhaust all necessary deliberations as alleged in the grounds of appeal, or by misapprehending the legal doctrine on the subject, criminal intent, conspiracy, deception of fraud, etc. of the duty to report prescribed in the said Acts.

In this case where a sentence of imprisonment with labor for less than 10 years is pronounced against the defendant, the argument of sentencing is not a legitimate ground of appeal.

The Defendant’s appeal is without merit and thus dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.