Of the fifth 12th part of the judgment of the court below, “56 million won” shall be corrected to “70 million won”.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and the judgment of the court below has affected the judgment or the amount of punishment has been extremely unreasonable. Thus, in this case where a minor sentence has been imposed against the defendant, the defendant did not have acquired money by deceiving the victim at the time of committing the crime of this case.

The argument that punishment is too unreasonable shall not be a legitimate ground for appeal.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

Therefore, the appeal is dismissed in accordance with Article 380 (2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench on the ground that there is an obvious clerical error in the judgment below.

July 10, 2015