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| TITLE | [Violations of the Act on the Aggregated Punishment..]Supreme Court Decision 2002Do7262 Delivered on April 29, 2005 [full Text] |
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| Summary | |
| [1] Whether a crime of fraud is established, in the case where a loan was taken out by deceiving the financial institution with financial statements by window dressing settlement (affirmative) [2] In the case where a financial institution which has guaranteed the payment of an obligation tenders a principal obligor a new loan for the repayment of the principal obligation, thereby obtaining an obligatory right on the new loan, or where a financial institution that has guaranteed an already issued company bond guarantees newly issued company bonds to secure funds for the payment, whether it can be deemed as a ""converted loan"" (negative) [3] The scope of victims in a crime of fraud by public offering of corporate bonds by window dressing settlement [4] Whether the provision of the crime of capital flight in Article 4 (2) 1 of the Act on the Aggregated Punishment, etc. of Specific Economic Crimes is unconstitutional (negative) [5] The nature of the confiscation and additional collection in accordance with Article 10 (3) and (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes [6] Whether there is a criminal intent of capital flight in case of remitting funds for the purpose of the so-called circulation of the funds (negative) [7] In the case where a defendant voluntarily appeared at the prosecutor's office, stated the truth about the crime, and denied the crime afterwards in court, whether a judge can mitigate the punishment in consideration of self-denunciation (affirmative) | |
