Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Regulation of Fraud and Unauthorized Receiving Act (hereinafter “Act on the Aggravated Punishment, etc. of Specific Economic Crimes”), among the facts charged against Defendant A.
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 deception in fraud, “the act of receiving money without permission,” and “the act of receiving money without permission,”
2. As to the Defendant U.S.’s grounds of appeal, the lower court convicted Defendant U.S. Defendant U on the facts charged.
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 act of fund-raising without permission” under the Act on the
3. On the grounds of appeal by the prosecutor, the court below acquitted the defendant A of the grounds of appeal on the ground that the part concerning the violation of the Specific Economic Crimes Act (Misappropriation) among the facts charged against the defendant A was not a crime or constitutes a case without proof of a
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on “a person who administers another’s business” in breach of trust.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.