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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendant guilty of the charge of fraud against the victim I among the facts charged in the instant case, and of violating the Act on the Business of Certified Brokerage and Report of Real Estate Transactions. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence
Of the facts charged in this case, the argument that there was an error of mistake as to the fraud of 74,50,000 won against the victim G in the judgment of the court below is not a legitimate ground for appeal, since the defendant asserts that it was based on appeal or that the court below did not have been subject to a judgment ex officio.
On the other hand, the court below found the defendant guilty of fraud, which is the primary charge, with regard to KRW 10 million delivered by D, among the facts charged in this case, and did not judge as to the violation of the law of defense, which is the ancillary charge. The argument that the court below erred by mistake as to the violation of the law of defense, which is the ancillary charge that does not have to be the object of the judgment, is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, the lower court, based on its reasoning, committed embezzlement against the victim I among the facts charged in the instant case, and committed fraud against the victim E and F.