The meaning of aiding and abetting in Criminal Code

Article 32 of the Criminal Act

Supreme Court Decision 95Do456 delivered on September 29, 1995 (Gong1995Ha, 3652) Supreme Court Decision 96Do2427 delivered on January 24, 1997 (Gong1997Sang, 708) Supreme Court Decision 96Do1639 delivered on March 14, 1997 (Gong197Sang, 1157)

Defendant 1 and one other

Defendants

Attorney Park Jong-young et al.

Seoul High Court Decision 2006No494 decided January 19, 2007

All appeals are dismissed. 85 days of detention days after the appeal shall be included in the calculation of the original sentence.

The grounds of appeal are examined.

1. As to Defendant 1’s ground of appeal

In light of the records, it is proper that the court below found the facts as stated in its ruling based on the evidence duly admitted, and found Defendant 1 guilty of each crime of forging private documents, exercising the same, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds as stated in its ruling, and there is no error of incomplete deliberation, violation of the rules of evidence, or misapprehension of the legal principles as to deception in fraud

2. As to Defendant 2’s ground of appeal

A. As to aiding and abetting a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

The act of aiding and abetting under the Criminal Act refers to all direct and indirect acts that facilitate the commission of a principal offender, and the aiding and abetting is not only tangible and material aiding and abetting but also an intangible and psychological aiding and abetting act, such as strengthening the resolution of a principal offender (see Supreme Court Decision 95Do456 delivered on September 29, 195, etc.).

In light of the above legal principles and records, the court below acknowledged the facts as stated in its reasoning based on the evidence duly admitted, and judged that the act of Defendant 2, the managing director of the non-indicted corporation and the head of the development project headquarters of the non-indicted corporation, forged the sales contract form in the name of representative director of the non-indicted corporation's representative director on the above apartment and the sales price deposit statement in the name of the central mutual savings bank as security by forging the sales contract form in the name of the representative director of the non-indicted corporation's representative on the above apartment in Gangnam-gu, Seoul, which is constructed by the non-indicted corporation, and consented to acquire the money as a loan from the central mutual savings bank, etc. as security, and the act of issuing the certificate of the personal seal impression of the non-indicted corporation to Defendant 1, who is the principal offender, constitutes an act of aiding and abetting the crime by enhancing the resolution of crime and facilitating his lending of loans, as otherwise alleged in the ground of appeal.

B. As to the taking of property in breach of trust

In light of the records, the court below acknowledged the facts as stated in its reasoning based on the evidence duly admitted. Defendant 2 is the managing director and the head of the development project headquarters of the non-indicted corporation, the contractor of the above apartment site, and there is an occupational duty to direct and supervise the above apartment site in order to secure the construction cost of the non-indicted corporation by completing and selling it in accordance with the normal procedure, but it is just to determine that the property was acquired in response to illegal solicitation. There is no violation of the rules of evidence and misapprehension of the legal principles as to the violation of trust and acceptance of trust, as

3. Therefore, all appeals are dismissed, and some of the detention days after the appeal is to be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)