1. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant B on the grounds that there was no proof of crime regarding the part exceeding KRW 187750,00 among the facts charged against Defendant B.

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.

2. The argument that Defendant A’s ground of appeal erred by mistake of facts as to the grounds for sentencing constitutes an allegation of unfair sentencing.

However, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unreasonable is not

3. As to the Defendant B’s grounds of appeal, the lower court found Defendant B guilty of the facts charged against Defendant B (excluding the part not guilty on the grounds 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 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 specific facts charged and co-principals, or by misapprehending the legal doctrine on facts charged, or by adversely affecting

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