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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s grounds of appeal
A. The recognition of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") (the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") with respect to the lending of funds by R Co., Ltd. (hereinafter "R") shall reach the level of proof that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the 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, based on the reasons indicated in its reasoning, did not properly examine the U's financial status of the defendant A's children in collusion with R representative director AE, etc., and did not secure a security or a method for compensating for losses, and did not lend the defendant a total of KRW 7.35 million from November 28, 2008 to June 30, 2009 to obtain the same amount of property interest to U.
Based on the judgment of the court of first instance that found the Defendant not guilty of this part of the facts charged, the court reversed the judgment and found the Defendant guilty, and (2) in collusion with the Plaintiff’s representative director T, etc., by lending a total of KRW 3.4 billion from March 17, 2010 to January 31, 2011, thereby obtaining pecuniary benefits equivalent to KRW 3.4 billion to U, and thereby causing pecuniary damages equivalent to the same amount to the victim.
Based on the judgment, Defendant A did not accept Defendant A’s factual mistake or misapprehension of the legal principles, and rejected Defendant A’s allegation on this part.
The grounds of appeal disputing the aforementioned determination of the lower court are nothing more than denying the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, part of the reasoning of the lower judgment is not appropriate.