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(영문) 대법원 2017.06.29 2017도4943
과실치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A and C, the lower court found Defendant A and C guilty of all of the facts charged against Defendant A and C, on the grounds indicated in its reasoning, the following facts: (a) the preparation of qualification counterfeit documents related to the trading contract; (b) the exercise of private documents prepared; (c) the use of private electronic records; and (d) the use of false and false public electronic records

In light of the relevant legal principles and evidence, the above judgment below did not err by misapprehending the legal principles on document-related crimes and intentional and acquired money in fraud, or by misapprehending the rules of evidence, as alleged in the grounds of appeal.

2. On the grounds of Defendant B’s appeal, the lower court found Defendant B guilty of the Defendant’s breach of trust against ten persons, on the grounds indicated in its reasoning, including: (a) the false entry of the electronic records, etc. among the facts charged against Defendant B, and the event such as false electronic records, etc.; (b) the victim’s excessive credit union; and (c) the victim’s excessive agricultural cooperative; and (d) the victim’s BC

In light of the relevant legal principles and evidence, the above judgment below did not err by misapprehending the legal principles on ratification of the resolution of a clan general meeting and the crime of breach of trust, or by failing to exhaust all necessary deliberations, or by misapprehending the rules of evidence.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. According to the records on the grounds of Defendant D’s appeal, Defendant D appealed against the judgment of the first instance court and asserted only unfair sentencing on the grounds of appeal.

In such cases, the judgment of the court below is likely to expect, the legal principles on the joint principal offender and the amount of fraud, and the violation of the law.

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