Cases
2017Do19396 A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)
(b) A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;
Title of crime: Specific Economic Crimes Act, etc.
【Violation of Trust】
(c) Violation of the Act on External Audit of Stock Companies;
Defendant
1. A;
2. B
Appellant
Defendants
Defense Counsel
DN Law Firm (for all the Defendants)
Attorney DO, DR, EF, DS, DV, DP, EG, EH
Judgment of remand
Supreme Court Decision 2017Do1615 Decided May 31, 2017
Judgment of the lower court
Seoul High Court Decision 2017 - 1604 Decided November 9, 2017
Imposition of Judgment
February 13, 2018
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendants guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the modified facts charged against the Defendants on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the calculation of the amount of profit in the crime of deception and disposal, or by violating the principle of direct
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 Min You-sook
Justices Kim Jae-tae
Justices Jo Hee-de
Justices Kim Jae-in