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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant A, which are not timely filed).
1. On the grounds of the prosecutor’s appeal, the lower court convicted the Defendants of the charges, on the grounds stated in its reasoning, additionally collected KRW 26,605,857 from Defendant A and KRW 23,710,644 from Defendant C, respectively.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on additional collection.
On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason of objection in the petition of appeal or the reasoning of appeal.
2. As to the grounds for Defendant A’s appeal, the lower court found Defendant A guilty of the facts charged and additionally collected KRW 26,605,857 from Defendant A.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the other party to the collection.
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 sentence is imposed against A, the argument that punishment is too unreasonable is not a legitimate appeal.
3. According to the record as to Defendant B’s appeal, Defendant B’s defense counsel is aware that Defendant B submitted a written withdrawal of appeal to the lower court on October 28, 2020, and on December 1, 2020, after submitting the written withdrawal of appeal to the lower court on October 28, 2020. Thus, even if the written reason of appeal is considered as the ground of appeal, Defendant B’s appeal to the lower court was filed after the extinguishment of the right to appeal and
4. As to the appeal by Defendant C and D