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| TITLE | Supreme Court Decision 2011Do6507 Decided August 25, 2011 [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).Fraud.Uttering of Falsified Private Document] [full Text] |
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| Summary | |
| [1] The meaning of ""when the crime is committed against the Republic of Korea or her citizens"" under the main part of Article 6 of the Criminal Act [2] The case assigning error of misapprehension of legal principle concerning acknowledgment of jurisdiction in judgment below holding that the Canadian citizen defendant was convicted of an alien's overseas crime since the Republic of Korea has jurisdiction, in case where he/she was charged in Canada for exercise of a falsified private document [3] The required level of proof as to ""existence of foreign law"" (=strict proof) and the person bearing the burden of proof (=prosecutor) under the proviso of Article 6 of the Criminal Act [4] The case assigning error of misapprehension of legal principle and incomplete review in judgment below for finding guilty as charged in case where the Canadian citizen defendant was charged with taking money by deceiving victims under the pretext of investments, since there was no proof as to the part of the charge that ""the defendant receiving invested money in Canada from citizens of the Republic of Korea"" constitutes a crime under Canadian law which is the lex loci actus (the law of the place where the crime is committed) | |
