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(영문) 대법원 2008.8.21.선고 2008도5455 판결
특정경제범죄가중처벌등에관한법률위반(사기)
Cases

208Do5455 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

Defendant

Kim T-T;

74 EEE

(Detention House)

DaD EA at the time of the original domicile Kim Sea

Appellant

Defendant

Defense Counsel

Attorney J. (Korean National Assembly)

Judgment of the lower court

Busan High Court Decision 2008No183 decided June 5, 2008

Imposition of Judgment

August 21, 2008

Text

The appeal is dismissed.

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

Reasons

The defendant and public defender's grounds of appeal are also examined.

The court of first instance and the court below found facts as stated in its decision after compiling the evidence legitimately admitted by the court of first instance, and found the defendant guilty on the ground that the defendant did not have the ability to produce a substitute of a size of 500 meters in the number of hundred and fifty meters in the number necessary for a special item, and concluded a contract for manufacturing a substitute of a size of 55 meters with the above foundation by deceiving the victim foundation, and concluded a contract for manufacturing a substitute of a 55m substitute with the above foundation foundation, and received USD 450,000 as the down payment, and received USD 450,00 as the down payment. In light of the records, the judgment of the court below is just and acceptable, and there is no violation of the rules of evidence, and there is no error of law such as violation of the rules of evidence, the incomplete trial, or the presumption of innocence, and a mere mistake of facts that did not reach the rules of evidence, in this case where the defendant was sentenced to imprisonment for less than

Therefore, the appeal is dismissed and part of the number of 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 Kim Ji-hyung

Justices Cho Go-chul

Justices Lee Jae-chul

State Justice Cha Han-sung

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