특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals are dismissed.
The grounds of appeal are examined.
1. As to the grounds for appeal by Defendant A, the argument that the lower court erred by deviating from sentencing discretion is ultimately an unfair argument in sentencing.
Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant A was sentenced to minor punishment is not a legitimate ground for appeal.
2. Examining the reasoning of the lower judgment as to Defendant B’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found Defendant B guilty of the modified charges of this case on the grounds indicated in its reasoning. In so doing, 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 as to the joint principal offender
In addition, the argument that the judgment of the court below contains an error of deviation from the discretion of sentencing is ultimately an unfair argument of sentencing.
Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to minor punishment, the argument that the determination of punishment is unfair is not a legitimate ground for appeal.
3. As to the grounds of appeal by Defendant E, the argument that there is an error of law in misunderstanding the facts due to the rules of evidence, misunderstanding of legal principles as to the principle of evidence trial and the principle of free evaluation of evidence, and violation of the principle of equality constitutes an unfair argument of sentencing.
According to Article 383 (4) of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment with prison labor for not less than ten years.