A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

(b) Fraud;

1.(a) A

2.(a) B

Defendants

Attorney N. (for the defendant A)

Attorney W-W (the national election for the defendant B)

Seoul High Court Decision 2013No3324 Decided January 17, 2014

March 27, 2014

All appeals are dismissed.

The grounds of appeal are examined.

Although the establishment of facts constituting an offense ought to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), the selection and probative value of evidence which is based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds the reasons indicated in its reasoning, recognized that the lower court’s determination by the Defendants conspired to attract the victims and defraud money from the victims under the pretext of borrowed money, and rejected the Defendants’ assertion

Examining the reasoning of the lower judgment in light of the evidence duly admitted, 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 deception in fraud, or failing to exhaust all necessary deliberations, contrary to what is alleged in the

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-young

Justices Lee Sang-hoon

Justices Kim In-bok, Counsel for the defendant

Justices Kim Gin-young