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All appeals are dismissed.
Reasons
1. The appeal by the defendant A and the defendant C is examined.
Defendant
A and Defendant C did not submit a written reason for appeal within the period for submission of the written reason for appeal, and even in the petition of appeal, did not state the reason for appeal.
2. The grounds of appeal by Defendant B are examined.
Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court convicted Defendant B of the fraud of the victim T and U among the facts charged in the instant case against Defendant B on the grounds stated in its reasoning.
There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on functional control in the joint principal offender.
In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.
Defendant
In this case where a more minor punishment is imposed against B, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.
3. The prosecutor's appeal is examined.
Examining the record, it is justifiable for the court below to maintain the judgment of the court of first instance that acquitted the Defendants on the grounds that the Defendants’ fraud against the victim L among the facts charged in the instant case and the fraud against Defendant A’s victim M did not prove any crime.
In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders.
Meanwhile, the prosecutor appealed against the guilty portion of the judgment of the court below. However, the prosecutor did not state the reason in the petition of appeal and did not state the reason in the notice of appeal.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.