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The defendant's appeal is dismissed.
Reasons
1. The lower court acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act on the ground that the violation of the Commercial Act among the facts charged in the instant case constitutes a case where there is no evidence of crime.
However, only the defendant appealed on the guilty portion of the court below on the grounds of mistake of facts and unreasonable sentencing, and since the acquittal portion is separate and finalized as the defendant and the prosecutor did not appeal all, the scope of this court's judgment is limited to the portion on which
2. Summary of grounds for appeal;
A. 1) The Defendant is a stock company E (hereinafter “E”) for the part on the non-entry of the original notarial deed and the use of the original notarial deed.
(F) F Co., Ltd. (hereinafter referred to as “F”).
(2) The Defendant was aware of the source of capital increase and the circumstances leading up to the use of the funds, etc. as a proxy by the request of D to request the actual private company D to proceed with the practical procedure for capital increase with the capital increase as well as the simple business of delivering the related documents in accordance with D’s instructions. Although it is difficult to view that the Defendant participated in the F’s payment of capital stock in the fraudulent entry in the authentic copy of the authentic deed and the unlawful entry in the authentic copy of the authentic deed, the lower court found the Defendant guilty of this part of the facts charged. (2) In so determining, the lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment. (2) The Defendant specified shares E (hereinafter referred to as “instant shares”) to the victim via M’s brokerage as stated in this part of the facts charged.
(B) The victim L already purchased and held E’s shares, not sold to M, and the victim L had already obtained information through another channel, thereby making the value of the above company’s shares.