특정경제범죄가중처벌등에관한법률위반(사기)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that all of the modified charges of this case was guilty on the grounds stated in its reasoning.
In contrast to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles regarding the elements for establishment of fraud, or violating the prohibition of analogical interpretation.
In addition, the argument that the judgment of the court below is erroneous in the deliberation of the sentencing grounds is ultimately unfair.
Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. Thus, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not 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.