For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the victim of the instant charges on the part concerning the fraud of KRW 129.8 million among the facts charged in the instant case, and rendered a not guilty verdict on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 on the establishment of co-principal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds for objection in the petition of appeal or appellate brief concerning the guilty part.

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