According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing along with mistake of facts as to collection of penalty as the grounds of appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to attempted suspension or omission of judgment is not a legitimate ground for appeal.

In addition, examining the reasoning of the judgment of the court below and the first instance court maintained by the court below in light of the evidence duly admitted, it is just that the court below ordered an additional collection of KRW 39,654,660 to the defendant for reasons as stated in its reasoning, and there is no error of law of incomplete deliberation

On the other hand, the argument that the judgment of the court below erred in mistake of facts and incomplete deliberation on sentencing conditions constitutes the argument of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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