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

(b) Fraud;

A

Defendant

Attorney BD (State Ship)

Law Firm BE

Attorney BF, BG, H, BI

Daegu High Court Decision 2012-603, 2014No71, 573 (Joint Judgment) Decided January 15, 2015

March 20, 2015

The appeal is dismissed.

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below did not complete the necessary deliberation and found the defendant guilty by finding the false facts in violation of the rules of evidence, even though the defendant did not have any intention to commit deception or fraud.

However, the fact-finding and the selection and evaluation of evidence which are conducted on the premise of fact-finding belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. In light of the reasoning of the judgment below and the records, it is not possible to find out that the facts of the court

In addition, according to Article 383 subparag. 4 of the Criminal Procedure Act, the punishment of death, imprisonment for life, or imprisonment for not less than ten years is imposed. An appeal on the grounds of unfair sentencing is allowed only in a case where a credit cooperative is sentenced, and thus, in this case where a minor sentence is imposed on the defendant, the argument that the amount of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Decision 200

Justices Lee In-bok, Counsel for the appeal

Justices Kim Yong-deok

Justices Kim Gin-young