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(영문) 대법원 2014.09.26 2014도9556
유사수신행위의규제에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, the court below is just in finding Defendant B guilty of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission and the charge of fraud (excluding the part of innocence) among the facts charged in the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no violation of the law of logic and experience

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against the Defendants, the judgment below

The argument that the amount of punishment is inappropriate shall not be a legitimate ground for appeal.

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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