A. The lower court dismissed the application for examination of evidence as to the protocol prepared by the investigative agency, in which C’s statement was written, but C is unable to make a statement in the court due to the death of the defendant after prosecution against the defendant, and it can be particularly reliable in light of the background of the statement, etc.

B. In light of the statement, etc. in the investigation agency of the misunderstanding C, although the defendant could sufficiently recognize the fact that the operator E of the victim D Co., Ltd. introduced by C was informed of the intention or ability to pay the price, and received the delivery of 4,900 copies from the injured party, the judgment of the court below which acquitted the defendant as to this part of the facts charged is erroneous.

2. Determination

A. As to the assertion of misunderstanding of legal principles, Articles 312(4) and 314 of the Criminal Procedure Act adopted the principle of substantial direct deliberation that the formation of a conviction against the substance of a case should be conducted through the examination of evidence guaranteed by the cross-examination of the original evidence in the presence of a judge in order to realize the principle of due process required by the Constitution in criminal proceedings, and, in special circumstances where the aforementioned principle cannot be achieved due to the death of the original statement, the purport of recognizing admissibility of evidence is that “when it is proved that the statement or preparation has been made under particularly reliable circumstances,” namely, “when it is proved that the statement or preparation has been made under particularly reliable circumstances,” that is, there is little room for any false intervention in the preparation of the contents of the statement, the protocol, or the document, and that the formation of a conviction against the substance of the case should

Therefore, in order to admit admissibility of evidence in accordance with Article 314 of the Criminal Procedure Act, the court does not seem to have a clear procedural error in the process of preparing the statement or protocol, or has the discretion of the statement.