1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and asserted that Defendant A was erroneous in the sentencing on the grounds of appeal, but at the first trial date of the lower court, withdrawn the remainder of the allegation except the unfair argument of sentencing.

In such a case, the argument that the lower court erred by misapprehending the legal principles on fraudulent acts or the principal offense in fraud, or by misapprehending the legal principles on fraudulent acts or the principal offense, is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that the facts charged in the instant case constitute a case where there is no proof 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, the 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 principles on fraud.

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