1. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to the prosecutor’s grounds of appeal, the lower court is justifiable to reverse the judgment of the first instance court on the grounds that there is no evidence of crime as to the fraud around October 14, 2008 among the facts charged in the instant case against Defendant A and B, and maintained the first instance court that acquitted Defendant B on October 15, 2008 and October 20, 2008 on the ground that there is no evidence of crime as to the fraud under the pretext of gift; and ② there is no evidence of crime as to the facts charged in the instant case against Defendant B against Defendant B, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal principles as to the crime of fraud and the conspiracy relationship against Defendant C, etc.

2. As to Defendant A’s appeal, Defendant A did not submit the grounds of appeal within the statutory period.

Therefore, the appeal against the defendant A shall be dismissed by the ruling under Article 380 of the Criminal Procedure Act, but the appeal against the prosecutor shall be dismissed by the ruling en bloc.

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