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(영문) 대법원 2020.05.28 2020도2678

자본시장과금융투자업에관한법률위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Financial Investment Services and Capital Markets Act, joint principal offender, and illegal solicitation in the crime of offering of a bribe, or by misapprehending the legal doctrine on unlawful solicitation

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Financial Investment Services and Capital Markets Act and joint principal offenders.

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