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(영문) 대법원 2018.06.15 2015도4399

유사수신행위의규제에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A and B, an appeal may be filed only for a case on which death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced. As such, the allegation that the amount of punishment is unfair in the instant case on which a fine is imposed against the Defendants cannot be a legitimate ground for appeal

2. As to the grounds for appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of violating the Foreign Exchange Transactions 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 legal doctrine regarding foreign exchange transaction law, or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.