According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts as the grounds of appeal along with unreasonable sentencing, but withdrawn the assertion of mistake of facts on the first trial date of the court below.

In such a case, the argument that the lower court erred in misunderstanding of facts or misunderstanding of legal principles as to the elements of fraud cannot be a legitimate ground for appeal.

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