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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court determined that the Defendant was liable for each of the charges of fraud by performing functional control through the inherent contribution to the crime, in view of the following: (a) even though he was well aware of the fact that Defendant B and C want to receive funds managed by the Korea Energy Corporation through the entry of false facts, he conspired to commit the crime with the above joint Defendants; and (b) taking into account the status and role of the Defendant in the crime, control or bad faith over the process of the crime, and economic interest among the accomplices, etc., the Defendant is liable for each of the charges of fraud
The judgment below
Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted by the lower court, such 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 against logical and empirical rules, or by misapprehending the legal doctrine
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.