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(영문) 대법원 2018.12.13 2018도16413
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the ground that there was no proof of a crime regarding the violation of the Act on Specialized in Credit Financial Business on November 5, 2015 among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where a fine is imposed against the defendant, the argument that the court below's fact-finding is practically disputed, which did not constitute a legitimate ground for appeal.

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

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