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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the judgment below as to Defendant A’s grounds for appeal in light of the records, the court below is just in holding that each crime of fraud against the victim’sO, R, K, and AU, among the criminal facts in the judgment of the court of first instance, is not the relation of concurrent crimes under Article 37 of the Criminal Act and the latter part of Article 37 of the Criminal Act, and there
In addition, the crime of fraud under Article 347 of the Criminal Act is established by deceiving a person to receive property or acquiring pecuniary benefits, and the specific value of the property or pecuniary benefits received therefrom is merely about the sentencing, and it does not affect the establishment of the crime (see Supreme Court Decision 2005Do7288, Apr. 19, 2007). Therefore, the allegation of the grounds for appeal that there is an error of not specifying the pecuniary benefits acquired by deception is nothing more than the argument of unfair sentencing.
Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against Defendant A, the argument that the determination of punishment is unfair (the argument by Defendant A to the effect that the judgment of the court below did not reflect the agreement with the victim in the sentencing is illegal, and the argument by Defendant A to the effect that the agreement
2. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.
In such a case, the argument that the court below erred in violation of the rules of evidence does not constitute 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.