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The judgment below
The part of conviction and the part of not guilty is entirely reversed, and this part of the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime, and the finding of guilt shall be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, in the absence of such evidence, the determination of guilt should be favorable to the defendant even if there is a suspicion of guilt against the defendant.
2. Based on its stated reasoning, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "F") by explicitly deceiving the staff of the victims who could not understand the difference between the characteristics of the Non-NEP and the NEP material, and concluding a free contract with the EMF (the name was changed to NEP certification; hereinafter referred to as the "NEP certification"), but the name was changed to NEP certification later; hereinafter referred to as the "NEP certification") of the product at the government office where the Defendant’s management Co., Ltd. (hereinafter referred to as the "F") obtained NEP certification was limited to the NEP products. However, the lower court found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) by explicitly deceiving the staff of the victims who did not obtain the NEP certification.
3. However, in light of the following circumstances revealed in the record, it is difficult to readily conclude that the products certified with the NEP certification are limited to the emulative thermal ion materials.
Nevertheless, as above, the court below erred by misapprehending the special law (Fraud) and by fraud.