1. On the grounds for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant A of the charges modified against Defendant A on the grounds stated in its reasoning, on the ground that there is no evidence of crime.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the structure and interpretation of the Financial Investment Services and Capital Markets Act, the Enforcement Decree of the same Act, and the regulations on the business of financial investment

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B and C, only for the cases on which death penalty, imprisonment for life or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had affected the judgment by

Therefore, in this case where Defendant B and C were sentenced to a more minor sentence, the argument to the effect that the lower court simply contests the recognition of facts without a specific assertion on the grounds of violation of law, etc. of the lower judgment 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.