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(영문) 대법원 2005.6.24.선고 2005도2556 판결
가.특정경제범죄가중처벌등에관한법률위반(사기)·[인정된죄명:사기]·나.사기·다.절도(인정된죄명:횡령)·라.자격모용사문서작성·마.자격모용작성사문서행사
Cases

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

[Name of Crime Recognized: Fraud]

(b) Fraud;

(c) Name of thief (name of crime recognized for thief);

(d) Preparation of qualification specifications and private documents;

(e) Exercising qualification certificates or private documents;

Defendant

Defendant

Appellant

Defendant

Defense Counsel

Attorney Lee E-Ba

Judgment of the lower court

Seoul High Court Decision 2004No3048 Decided April 7, 2005

Imposition of Judgment

June 24, 2005

Text

The appeal is dismissed.

75 days of detention after an appeal shall be included in the original sentence.

Reasons

Examining the evidence adopted by the first instance court and the statement of Nonindicted 1, 2, and 3 of the lower court in light of the records, it is justifiable for the lower court to have found the Defendant guilty of the fraud of the facts charged in the instant case on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the facts against the rules of evidence, failing to exhaust all necessary deliberations, failing to exhaust all necessary deliberations, presumption of innocence, the principle of clarity

Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Lee Han-hoon

State Justice Lee Jin-dam

Justices Zwon

Justices Kim Yong-dam

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