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(영문) 대법원 2020.07.23 2020도2466
특정범죄가중처벌등에관한법률위반(조세)등
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. In the case of files containing electronic documents as to the grounds of appeal Nos. 1 through 4, considering not only the signature or seal of the originator, but also the risk of editing operation by the originator’s manager’s intent or specific technology, if the content is proved to be the original or copied from the original, it shall be proved that it is a copy of the original without any artificial adaptation, such as editing in the duplication process, and if there is no such proof, it shall not be readily admitted as evidence.

In addition, the fact that the copy of an electronic document file submitted as evidence or the output is copied and output of the original without any artificial adaptation, such as compilation in the course of copying and printing can be determined by comprehensively taking into account all the circumstances, including the testimony or statement of a person involved in the process of producing, delivering, and storing the copy or output of the electronic document files, comparison of the sea value immediately after the creation of the original or copy file, and result of verification and appraisal of the electronic document files.

(See Supreme Court Decision 2013Do2511 Decided July 26, 2013, and Supreme Court Decision 2014Do9903 Decided September 28, 2016, etc.). In full view of the following circumstances, the lower court determined that the admissibility of evidence can be recognized on the grounds that the sales examination and the output of each of the instant files and their output, which were submitted as evidence, are recognized as identical to the original, since they are recognized as identical to the originals, and the sales examination and the process leading up to the preservation of each of the instant sales files and the computation of the piracy, which can be known through testimony, such as the comparison of the piracy value, N, S, andV, immediately after the creation of the cinematographic file of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court’s judgment violates logical and empirical rules.

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