특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
The appeal is dismissed.
The grounds of appeal are examined.
"Profit-making purpose" in Article 8-2 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 9919, Jan. 1, 2010) refers to the purpose of widely acquiring economic benefits.
(1) In light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that the facts charged in the instant case (excluding the part on which the lower court rendered a acquittal in the original trial) was guilty on the grounds stated in its reasoning is justifiable. In so doing, it did not err by misapprehending the legal doctrine on “for-profit purposes” under Article 8-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the principle of legality, the principle of clarity, and the principle of equality, contrary to what is alleged in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.