All appeals are dismissed.

The grounds of appeal are examined.

1. On the grounds of appeal by the Prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of the crime regarding the part on the fraud of KRW 183,00 regarding the victim’s Z among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower 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 relevant legal doctrine.

2. Where a defendant appealed against the judgment of the court of first instance on the grounds of unfair sentencing only by the prosecutor, and the defendant did not appeal against the judgment of the court of first instance, the defendant shall not be deemed as the grounds for appeal, such as misconception of facts,

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the first instance judgment on the ground of unfair sentencing. The lower court’s acceptance of the prosecutor’s appeal and reversed the first instance judgment and rendered a sentence heavier than that of the first instance judgment, and found the Defendant not guilty of some facts charged on the grounds thereof.

In such a case, the argument that the lower court violated the rules of evidence and erred in mistake is not a legitimate ground of appeal.

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.

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