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(영문) 대법원 2014.09.04 2014도5262

국가기술자격법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that it is reasonable to view that Defendant A was leased national technical qualification certificates as indicated in its holding with respect to Defendant E’s business, and rejected the grounds for appeal on mistake of facts and misapprehension of legal principles

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 the violation of the National Technical Qualifications Act and the solicitation, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, and failing to exhaust all necessary deliberations.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the Defendants, the argument that the sentencing of the sentence

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