All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant B’s appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The selection of evidence and probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below rejected the allegation in the grounds for appeal by the other defendant B, on the grounds as stated in its reasoning, that the defendant B had deceiving Co-defendant A as to the facts of the first instance trial and acquired money.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the lower court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by failing to exhaust all necessary deliberations

2. As to the prosecutor’s final appeal, in a criminal trial, the conviction shall be based on evidence of probative value, which makes it possible for the judge to have a conviction that the facts charged are true beyond a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). For the reasons indicated in its reasoning, the lower court reversed the part of the first instance judgment that found Defendant A guilty and acquitted.

The allegation in the grounds of appeal disputing such a judgment of the court below is practically a fact-finding.