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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s grounds of appeal
A. Criminal facts against the part of violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). On the grounds as indicated in its reasoning, the lower court, on the grounds as indicated in its reasoning, rejected the Defendant’s appeal on the facts-finding that the building (BDⅡ) purchased in the name of Defendant A, and the actual owner of the said building, recognized that the first decision of the first instance recognized as the Defendant A was legitimate, and
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules
B. On the grounds indicated in its reasoning, the lower court, on the part of the fraud, acknowledged the fact that Defendant A knew the risk that the victims would not recover the lease deposit, but knew by falsely notifying the victims of the current status of lease by violating the duty of disclosure under the good faith principle as to the current status of lease of the buildings as indicated in the lower judgment, and therefore,
Based on the judgment, the above defendant's appeal as to mistake of facts was rejected.
The grounds of appeal disputing such factual recognition by the lower court are the evidence of the lower court that actually belongs to the free judgment of the fact-finding court.