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All appeals are dismissed.
Reasons
1. Defendant A's grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding Defendant A guilty of both the fraud of the construction cost and the fraud of the borrowed money among the facts charged in the instant case on the grounds as stated in its reasoning. In so doing, the court below did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the criminal intent
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more 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 against Defendant A, the argument that the amount of punishment is unreasonable is not
2. Defendant D’s grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding Defendant D guilty of the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the rules of logic and experience and free evaluation of evidence or failing to exhaust all necessary deliberations.
3. Defendant B’s appeal is examined.
Defendant
B did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not contain any indication in the grounds for appeal.
(The appellate brief submitted by the defense counsel of the defendant B was received on November 4, 2013 after the expiration of the period. Accordingly, with respect to the defendant B, the appeal shall be dismissed by a ruling in accordance with Article 380 of the Criminal Procedure Act. However, the appeal shall be dismissed by a judgment en bloc with the appeal by the defendant A and D.
4. Therefore, all appeals are dismissed.