The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted a mistake of facts as to the fraud among the facts charged in the instant case in the appellate brief. On the first trial date of the lower court, the Defendant stated the above appellate brief and did not clearly withdraw the aforementioned assertion of mistake of facts, but the lower court deemed only the Defendant’s grounds for appeal as the allegation of unfair sentencing, and dismissed the appeal without making a decision on dismissal of such grounds for appeal,

However, in full view of the evidence duly admitted by the first instance court, the defendant can be found to have committed the crime of fraud as stated in the facts charged. Therefore, the omission of the judgment by the lower court does not affect the conclusion of the judgment.

Meanwhile, the argument that the court below erred or failed to deliberate on facts concerning the sentencing conditions is ultimately an assertion of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the court rendered a minor sentence against the defendant, the argument that the sentencing of the punishment is unfair is

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