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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found Defendant A not guilty of this part of the facts charged, even if the evidence submitted by the prosecutor was found to have been forged, with respect to the charge of forging and exercising one copy of the letter of confirmation in the name of the representative director of the KJ (2014 high-class 4530).
B. In light of the fact that the proxy form in the name of K representative director of K and the fact that the certificate was forged and exercised, and the fact that the certificate was issued (2015No3042), the court below rejected the credibility of the statement of K and found it not guilty of this part of the facts charged, and found it not guilty.
2. Determination
A. The relevant legal doctrine 1) Evidence that there is a criminal fact in a criminal procedure must be presented by the prosecutor, even if the defendant's appeal is unreasonable and the defendant's appeal is false, so that it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have a high probability to the extent that there is no reasonable doubt. If there is no evidence to form a conviction, even if there is a doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). 2) In order to reverse the first instance court's decision on the credibility of witness's statement in the first instance court in accordance with the purport of the principle of substantial direct cross-examination adopted by the Korean Criminal Procedure Act, the appellate court should be deemed to have clearly erred in the first instance court's decision, or where it is remarkably unreasonable to maintain the first instance court's decision in light of the results of the first instance court's examination and the result of additional evidence examination in the appellate court.
In particular, supporting the facts charged.