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(영문) 대법원 2014.02.21 2013도15387
전자금융거래법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, it is justifiable to have found the lower court guilty of violating the Electronic Financial Transactions Act and aiding and abetting occupational breach of trust

In addition, there is no error of misapprehending the legal principles on the crime of violation of the Electronic Financial Transactions Act and the crime of occupational breach of trust, or violating the prohibition of analogical interpretation under the principle of no punishment without

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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

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