Cases
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)
(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;
(c) Forgery of public documents;
(d) Counterfeiting of forged official documents;
(e) Forgery of private documents;
(f) Exercising a falsified investigation document;
(g) Alteration of private documents;
(h) Exercising alteration private documents;
(i) Violation of the Act on External Audit of Stock Companies;
Defendant
1. (a) b. (c) d. (f) g. H.;
A person shall be appointed.
2. BJ
Appellant
Defendants
Defense Counsel
Law Firm (LLC) B (Attorney C, and D) (For Defendants),
Judgment of remand
Supreme Court Decision 2012Do10139 Decided November 29, 2012
Judgment of the lower court
Seoul High Court Decision 2012No4037, 2013/598 (Joint Judgment) Decided May 23, 2013
Imposition of Judgment
August 23, 2013:
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have convicted the Defendants of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the portion not guilty on the grounds of embezzlement) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition in the crime of embezzlement or by failing to exhaust all necessary deliberations.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Park Poe-young
Justices Min Il-young
Justices Lee In-bok
Justices Kim Shin