Among them, the part against the defendant is reversed, and that part of the case is remanded to the Gangnam District Court of Chuncheon.

1. As to the fraud related to the support fund for entry to the AI and AL of the ice player around 2009

A. Article 308 of the Criminal Procedure Act, which provides for free evaluation of evidence, requires a judge to freely determine the probative value of evidence, is not because it is appropriate for the discovery of substantial truth, but it does not allow a judge’s arbitrary judgment. Therefore, a judge of the court of the fact that a judge has a prior right to the determination of evidence should take into account the perception and examined evidence obtained in the trial when recognizing facts.

In addition, the probative value of evidence is left to the discretion of a judge, but it must be consistent with logical and empirical rules, and the degree of formation of convictions to be found guilty in a criminal trial ought to be such that there is no reasonable doubt (see Supreme Court Decision 2007Do1950, May 10, 2007). Public offering in a principal offender constitutes a major part of the fact that constitutes a crime and constitutes subject to strict proof (see Supreme Court Decision 2011Do9721, Dec. 22, 2011, etc.). In a case where the defendant acknowledged the fact that he/she directly participated in the act of enforcement and denies criminal intent, the facts constituting such subjective element are bound to be proven by indirect facts or circumstantial facts that have considerable relevance with the criminal intent in light of the nature of things, but it should not be proven by the empirical rule-based indirect facts such as 200Do6103, Jan. 24, 2003).