All appeals are dismissed.

The grounds of appeal are examined.

1. Of the facts charged against Defendant E, the lower court acquitted Defendant E on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Act on Regulation and Punishment of Criminal Proceeds Concealment on the ground that there is no proof

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower judgment 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 doctrine on joint principal offenders

The Prosecutor appealed against Defendant E in the entirety of the lower judgment, but did not state in the petition of appeal or the appellate brief the remainder on the grounds of objection.

2. Defendant A maintained the first instance judgment that collected KRW 260,000,000 from Defendant A as it is.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower judgment did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the calculation of additional collection charges

According to the record, while appealed against the judgment of the first instance court, the defendant asserted a mistake of facts and misapprehension of legal principles as to the establishment of crime along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to the mistake of facts and misapprehension of legal principles on the second trial date

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles is not a legitimate ground of appeal.

According to Article 383 subparagraph 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 may be filed on the ground

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is unreasonable is not a legitimate ground for appeal.

3. Conclusion, Defendant A and the Prosecutor’s appeal are with merit.