For the reasons indicated in its holding, the lower court determined that all of the facts charged of this case was guilty, including the fraud against the victim H.

The Defendant asserts to the effect that the lower court erred by misapprehending the rules of evidence without deliberating on and examining the matters to be examined ex officio, and that this affected the judgment.

In other words, the prosecutor's statement protocol of H submitted as evidence in the first instance court does not agree that the defendant can be admitted as evidence, and H is recorded in the trial record as the prosecutor stated at the trial date by the original person.

In the absence of the statement, the first instance court adopted it as evidence of guilt, and the lower court did not take measures, such as correcting the illegality ex officio.

However, according to the records, it can be known that there was the defendant's consent to the prosecutor's statement protocol of H at the third trial date of the first instance court, and thus, the ground of appeal disputing the admissibility of evidence cannot be accepted.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the fact or violating the rules of evidence by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, even though examining the reasoning of the lower judgment.

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.