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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of all of the frauds against the victim K (the first instance judgment), victim AT, Q, AR, and AS (the third judgment of the court of first instance) among the facts charged in this case on the grounds as stated in its reasoning. There is no error of law by misapprehending the legal principles as to facts contrary to logical and empirical rules and beyond the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to relative cases in fraud.
Meanwhile, the argument that the court below sentenced the defendant to an unjust punishment contrary to the equity with the accomplice 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 on the defendant, the argument that the sentencing of the punishment
In addition, as to the forgery of private documents and the uttering of private document among the facts charged in the instant case against the Defendant, the argument that the fraud about the victim H constitutes a case where a separate indictment of the forgery of private documents and the uttering of private document, which are the means of not instituting a public prosecution, is null and void in violation of the provisions of the law, constitutes a case where the prosecution procedure becomes null and void in violation of the provisions of the law. Thus, the argument that the Defendant’s ground for appeal or the lower court did not regard it as the subject of a judgment
Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided by all Justices who reviewed the appeal.