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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and 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). For the reasons indicated in its reasoning, the court below rejected the grounds for appeal by mistake of facts and misapprehension of legal principles, on the ground that the part of the facts charged that the defendant conspireds with E to deception the victim Q and acquired KRW 500 million under the pretext of part of the real estate sales contract, and that each sales contract was prepared by cultivating the qualification of the president of a clan
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on deception of fraud, fraud, the criminal intent of deception, the co-principal, and the purpose of exercising the crime of preparation of qualification document, thereby exceeding the bounds of the principle of free evaluation of evidence against logical
2. As to the grounds of appeal by the public prosecutor, in a criminal trial, the conviction shall be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
(See Supreme Court Decisions 2001Do2823 Decided August 21, 2001; 2005Do8675 Decided March 9, 2006, etc.).