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(영문) 대법원 2020.10.15 2020도10539
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the judgment of the first instance court that found Defendant B guilty on the part of the charge of aiding and abetting fraud on the grounds that there is no proof of crime, and sentenced Defendant B not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower judgment 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 intent of

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, Defendant A may file an appeal on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for at least ten years is pronounced

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is unreasonable is not a legitimate ground for appeal.

3. The lower court found Defendant B guilty of forging securities and exercising forged securities among the facts charged against Defendant B.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the forgery of securities and the willful negligence of exercising forged

4. The conclusion prosecutor and the Defendants’ final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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