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(영문) 대법원 2017.06.15 2016도20662

특정경제범죄가중처벌등에관한법률위반(사금융알선등)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below reversed the judgment of the court of first instance which found the Defendant guilty, and sentenced the Defendant not guilty, on the ground that it constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (private financing brokerage, etc.) due to borrowing of money among the facts charged in this case

Examining the record, the above determination by the court below is justifiable.

There is no error of misapprehending the legal principles on Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the remaining guilty portion is not indicated in the petition of appeal or the reasoning of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.