Do 2016 Do 13602 A. Violation of the Act on the Punishment, etc. of Specific Economic Crimes (recovering and receiving)

(b) A person who forges evidence;

A

Defendant

Law Firm (with limited liability) B

Attorney in charge C, D, E, F

Supreme Court Decision 2016Do2537 Decided June 6, 2016

Chuncheon District Court Decision 2016296 decided August 10, 2016

April 26, 2017

The appeal shall be dismissed.

The grounds of appeal are determined.

The amount of confiscation and collection should be recognized by evidence, but it does not require strict proof (see Supreme Court Decisions 73Do279 delivered on April 17, 1973; 2005Do98 delivered on April 7, 2006, etc.).

The lower court recognized that the Defendant and G conspired to commit the crime of violation of the Act on the Punishment, etc. of Specific Economic Crimes (Embrying players), and that the Defendant belonged to KRW 299,42 million among KRW 36.2 million, and additionally collected KRW 29,42 million from the Defendant. Examining the reasoning of the lower judgment in light of the evidence duly adopted by the lower court under the foreign law, the said judgment is justifiable. In so doing, the lower court’s judgment is justifiable. In so doing, it did not err by misapprehending the legal doctrine on the proof of additional collection or the burden of evidence trial, contrary to the logical and empirical rules, contrary to the allegation of the grounds of appeal.

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

Justices Park Poe-young

[Attachment-dae]

Justices Kwon Soon-il

Justices Kim Jae-hyung