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(영문) 대법원 2015.06.24 2015도5460
자본시장과금융투자업에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to Defendant A’s ground of appeal

A. Examining the reasoning of the lower judgment on the violation of the Financial Investment Services and Capital Markets Act due to fraudulent illegal transactions in accordance with relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on the number of crimes, but did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, in rejecting the Defendant A’s assertion that the criminal act for which the judgment became final and conclusive and the instant criminal act committed

B. While examining the reasoning of the lower judgment on the violation of the Securities and Exchange Act due to the second manipulation of market price, the lower court found Defendant A guilty of violating the Securities and Exchange Act due to the second manipulation of market price among the facts charged in the instant case, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to logical and empirical rules or by misapprehending

2. Although examining the reasoning of the lower judgment on the grounds of appeal by Defendant I andO based on evidence, the lower court reversed the first instance judgment that acquitted Defendant I andO on the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users among the instant facts charged against Defendant I andO, and found Defendant I guilty (excluding the part not guilty in the grounds of appeal), contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine on the interpretation

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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