컴퓨터등사용사기등
All appeals are dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court acquitted Defendants A, B, C, and D of the facts charged in the instant case on the ground that there was no proof of crime regarding the facts charged against Defendants A, B, C, and D’s violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), Defendant A, B, and F’s use fraud (excluding the part of the crime), Defendant B, and F’s use of computers, etc. (excluding the part of the crime), and Defendant G, H, and I of the facts charged in the instant case, on the ground that there was no proof of crime.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Information and Communications Network Act (information leakage, etc.), and the crime of aiding and abetting by using computers, etc. and the crime of aiding and abetting by using computers, etc. and the burden of proof
The Prosecutor appealed the entire judgment of the court below, but the guilty part is not indicated in the petition of appeal or the appellate brief.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.