1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and asserted the mistake of facts as to sentencing on the grounds of appeal on the grounds of appeal, but at the first trial date of the lower court, Defendant A withdrawn a mistake of facts as to the remaining fraud except for KRW 120 million out of the charges of fraud against Victim Q.

In such a case, it is not a legitimate ground for appeal to the court of final appeal to the effect that the judgment of the court below erred by mistake as to the remaining fraud.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant B guilty on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A on the ground that there was no proof of crime regarding the part of KRW 120 million among the charges charged against Defendant A’s fraud against Victim Q, and rendered a not guilty verdict.

The judgment below

Examining the reasoning in light of the record, the above judgment of the court below is justifiable.

Contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on joint principals.

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