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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court convicted the Defendant of the charge (excluding the part of innocence and the part of acquittal of the first instance judgment).
The judgment below
Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of unlawful acquisition, interpretation of contract, and principle of private autonomy, etc. in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Specific Economic Crimes Act”) and the crime of deception, fraud, and the crime of violating the Specific Economic Crimes Act (Embezzlement).
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 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.