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(영문) 대법원 2017.03.16 2016도21226
특정경제범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for Defendant D’s appeal in light of the evidence duly admitted by the court below, the court below is just in finding Defendant D guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part not guilty of the grounds for appeal) among the facts charged against the above Defendant on the grounds stated in its reasoning, and there is no error in the misapprehension of legal principles as to the matters belonging to the duties of officers and employees of financial companies, etc. in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part not guilty of the grounds for appeal) by failing to exhaust all necessary deliberations as alleged in the grounds for appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant H guilty of this case’s facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the interpretation and application of “an officer or employee of a financial institution, etc. in relation to his duties” under Article 5 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, or by misapprehending the legal doctrine on the recognition of facts charged or specific facts charged, confession reinforcement rules, burden of proof, and the principle of disadvantage and disadvantage, without failing to exhaust all necessary deliberations,

3. As to Defendant I’s grounds of appeal

A. According to the record as to the assertion of omission of judgment, the defense counsel's information that the above defendant's act was directly and gratuitously known is open to the public through the statement of reasons for appeal regarding violation of the Financial Investment Services and Capital Markets Act among the facts charged in the instant case against the above defendant.

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