For the reasons indicated in its holding, the lower court convicted the Defendant of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment,

In addition, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of the punishment is inappropriate is not a legitimate ground for appeal since the judgment of the court below violated the principle of liability in the judgment of the court below, thereby exceeding the limit of sentencing discretion.

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