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