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(영문) 대법원 2015.12.23 2015도7246
자본시장과금융투자업에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendants guilty of the instant facts charged (excluding the part of innocence against the Defendant C) and maintained the first instance judgment that ordered the collection of additional charges as indicated in its holding.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below erred by misapprehending the facts and legal principles as to the requirements for collection and the subject to whom the proceeds from the crime accrue, and by misapprehending the legal principles as to the elements of the crime, comprehensive crimes, and additional collection, or by misapprehending the legal principles as to the defendant C, or making the amount of punishment unfair.

However, examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the first instance court, the lower court did not err in its judgment by misapprehending the legal principles as alleged in the grounds of appeal, or by misapprehending the legal principles, which affected the conclusion of the judgment, and the allegation that the sentence is too unreasonable on the grounds that the sentence is too unreasonable is not a legitimate ground of appeal. Therefore, all the grounds

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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