자본시장과금융투자업에관한법률위반
The appeal is dismissed.
The grounds for appeal are examined.
According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.
In such a case, the argument that the lower court erred by misapprehending the legal principles on collection or by mistake of facts cannot be a legitimate ground for appeal.
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 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 the defendant, the argument that the amount of punishment is unfair is not a legitimate
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.