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(영문) 대법원 2015.02.12 2014도16636
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of violating the Act on Registration of Credit Business and Protection of Finance Users among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the statute of limitations.

In addition, according to the records, while appealed from the judgment of the first instance, the defendant asserted misconception of facts or misapprehension of legal principles as to the fraud related to C Co., Ltd., along with unfair sentencing as the grounds for appeal, and on the third trial of the lower court, the defendant withdrawn the above assertion and left the grounds for unfair sentencing as the

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

In addition, the grounds of appeal for misconception of facts and misapprehension of legal principles are all asserted by the defendant as a legitimate grounds of appeal, or by the court below that the defendant was not subject to a judgment ex officio, and it cannot be a legitimate ground of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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