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(영문) 대법원 2017.12.13 2017도15542
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court is justifiable to have convicted the Defendant of all the charges of this case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending relevant legal principles.

2. As to the Defendant’s assertion on collection, the Defendant’s collection of KRW 3,673,964,940 from the Defendant cannot be made pursuant to Article 10(2) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “the Act on Regulation of Concealment of Criminal Proceeds”). However, the Defendant’s assertion that the collection of KRW 3,673,964,940 from the Defendant constitutes double punishment is illegal as it constitutes double punishment, and the lower court’s assertion that the Defendant’s collection of KRW 3,673,94

B. In addition, even if we look at, the property acquired by a criminal act under Article 443 of the Financial Investment Services and Capital Markets Act is subject to additional collection under Article 2 subparag. 1 of the Act on the Regulation of Concealment of Criminal Proceeds, [Attachment] subparag. 10, Articles 8 subparag. 1 subparag. 1 and 10(1) of the Act on the Regulation of Concealment of Criminal Proceeds, and the above criminal proceeds constitute the property acquired by a person damaged by criminal fraud. Thus, there is no error as otherwise alleged by the Defendant in the lower judgment.

subsection (b) of this section.

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

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