All appeals are dismissed.

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing can be filed only where a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years is pronounced.

Defendant

In this case where a fine is imposed against A, the assertion that the amount of punishment is unfair shall not be a legitimate ground for appeal.

2. As to the reasons for the prosecutor’s appeal against Defendant B, the lower court reversed the first instance judgment convicting Defendant B of the facts charged in the instant case on the grounds that there was no proof of crime, and sentenced Defendant B not guilty.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on fraud.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.