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(영문) 대법원 2015.06.11 2015도2985
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court as to the Defendant’s grounds of appeal, the lower court found the Defendant guilty on the part of the instant facts charged, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine

In addition, pursuant to 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 more 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 on the defendant, the argument that the sentencing of the

2. On the grounds of appeal by the prosecutor, the lower court determined that there was no proof of crime as to the fraud of victim P among the facts charged in the instant case, and violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

The judgment below

Examining the reasoning of the judgment below in light of the records, contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the legal principles as to the object of brokerage in the crime of violating the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

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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