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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the prosecutor, the court below judged that there was no proof of a crime as to the part of the violation (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Specific Economic Crimes Act"), among the facts charged against the Defendants, of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and found the Defendants not guilty on the grounds of this, and convicted the Defendants of the violation of the Specific Economic Crimes Act (Fraud) due to the defraudation of the diesel engine price of KRW 4,188,454,348
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err 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 establishment of fraud
2. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged (excluding the part not guilty in the grounds of appeal).
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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “a person who disguises the fact about the acquisition or disposal of criminal proceeds, etc.” as prescribed in Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, or by failing to exhaust all necessary deliberations, such as ex post facto act, deception in violation of the Act on the Specific Economic Crimes (Fraud), calculation of the criminal intent and amount of profit in the crime of deception,
3. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of the violation of the Specific Economic Crimes Act (excluding the part not guilty in the grounds of appeal) among the facts charged against Defendant B.
The judgment below
Examining the reasoning in light of relevant legal principles and evidence duly admitted, the lower court’s judgment violates logical and empirical rules.