All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. In full view of the evidence of mistake of facts (as to the part not guilty in the judgment of the court below: fraud with the victim E), the court below found the defendant not guilty of this part of the facts charged on the ground that there is no evidence to acknowledge the fact that the defendant deceivings the victim as stated in the facts charged of this case, even though the defendant could have acknowledged the fact that he deceivings the victim.

2) The sentence sentenced by the lower court is too uncomparably unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. Standard 1) In a criminal trial, criminal facts ought to be established based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the aforementioned convictions, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). In light of the substance of the first instance judgment and the evidence duly examined in the first instance trial, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the evidence duly admitted in the first instance trial.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance trial, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted not later than the closing of the appellate trial, the appellate court shall without delay render the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment.