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(영문) 서울고등법원 2013.10.11 2012노2335
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. The following circumstances acknowledged by the prosecutor’s evidence submitted by the gist of the grounds for appeal, namely, ① a resignation letter in the name of V stating that V resigns resigns from the position of each signatory of TCopon (hereinafter “T”) and U Copon (hereinafter “U”); and the same year from January 16, 2001, immediately preceding April 23, 2001, was prepared.

4. In full view of the following facts: (a) during the period of up to 14.14., V had abnormal mental state; (b) the resignation from the name of V submitted to the Hong Kong Branch in the course of changing the deposit withdrawal right holder of the Hong Kong Branch in T and U, each single bank account; (c) the director stockholders joint general meeting minutes and certificate of position are clear to be forged; and (b) the Defendants secured the authority over each deposit account in T and U, and concealed criminal proceeds through international banking transactions through international money laundering; and (c) the Defendants forged resignation, etc. as if they resigned from the position of signature holder in T and U, using these documents; and (b) the Defendants released large amount of deposits by deceiving the Hong Kong Branch in the capacity of signature holder; (c) the lower court acquitted each of the Defendants, contrary to logical and empirical rules, has erred in violation of the principle of free evaluation of evidence.

2. Determination

A. The summary of the facts charged is the person who served as the secretary of the net V (Death on June 6, 2007) owned T and U, and Defendant B is the former spouse of the netV.

The netV opened a deposit account in the Hong Kong branch of one bank in the name of the above two companies and made financial transactions in the name of the above two companies. On February 2001, the Defendants conspired in collusion with the above two companies, and the signing authority of the right to withdraw the deposit account in the Hong Kong branch of one bank opened in the name of the above two companies.

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