B The appeal is dismissed.

Defendant

A The prosecution against A is dismissed.

For the reasons indicated in its holding, the lower court convicted Defendant B of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations and 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 a crime of violating the Specific Economic Crimes Act (Misappropriation).

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The defendant A is examined ex officio.

According to the records, Defendant A’s death on March 11, 2020 after filing the instant final appeal is recognized.

Therefore, the prosecution against Defendant A is dismissed in accordance with Articles 382 and 328(1)2 of the Criminal Procedure Act.

3. Therefore, the appeal by Defendant B is dismissed, and the prosecution against Defendant A is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.