All appeals are dismissed.

The grounds of appeal are examined.

1. According to the records as to Defendant A’s grounds of appeal, Defendant A asserted a misapprehension of the legal principles as to intent to commit fraud, along with unfair sentencing as the grounds of appeal, while appealed to the judgment of the court of first instance, but withdrawn the grounds of appeal of the said misapprehension of the legal principles on the third trial

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on the intention of fraud cannot be a legitimate ground for appeal, and the argument that there was an omission of judgment in such a misapprehension of legal doctrine cannot be accepted.

In addition, the argument that the judgment of the court below did not exhaust all the necessary deliberations on the circumstances that are the conditions for sentencing or erred by mistake of facts is the argument of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentencing of the defendant A is unfair is not legitimate grounds for appeal.

2. As to the grounds of appeal by Defendant B, the lower court’s failure to exhaust all necessary deliberations on the basic facts of sentencing, mistake of facts, and violation of the principle of proportionality under the Constitution are the grounds of unfair sentencing. However, under Article 383 subparag. 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, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the lower court rendered a minor sentence against Defendant B, the argument that the sentencing of the

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