특정경제범죄가중처벌등에관한법률위반(사기)
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the judgment of the court below that found the facts charged of this case guilty is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.
In addition, pursuant to Article 383 subparagraph 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.