1. On the grounds of the prosecutor’s final appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding fraud on April 6, 2016 and embezzlement on July 2016 among the facts charged in the instant case, and acquitted the Defendant.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent to acquire fraud, or the intent to acquire embezzlement.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of fraud during December 2016 and fraud from December 5, 2017 to July 2, 2018 among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 criminal intent to acquire fraud.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.