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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of Defendant A’s appeal, the lower court, on the grounds indicated in its reasoning, determined that it is reasonable to view that the Defendant’s possession of each of the instant borrowings against Defendant M Co., Ltd. constituted a litigation fraud, and found the Defendant guilty of attempted fraud among the facts charged against the Defendant.
The judgment below
Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err 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 the rules
2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the court of first instance and acquitted the Defendants on the grounds that there is no proof of crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged against Defendant A, and affirmed the judgment of the court of first instance which acquitted the Defendants on the grounds that there is no proof of crime.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to unlawful acquisition intent in embezzlement and construction industry Article 21
On the other hand, the prosecutor appealed against the part of the judgment below as to the violation of the Framework Act on the Construction Industry added by the court below. However, there is no indication in the petition of appeal as to the grounds for appeal and there is no indication of the grounds for appeal.
3. Therefore, all appeals are to be filed.