The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted that there was a misapprehension of the legal principles as to additional collection along with the grounds for appeal, and did not clearly withdraw the above assertion on the trial date of the lower court. The lower court determined that the Defendant’s grounds for appeal deeming the Defendant’s grounds for appeal only as the allegation of unfair sentencing and dismissed the Defendant’s appeal without rendering a judgment

However, according to the records, since it is sufficiently recognized that the amount to be collected is KRW 7,550,000,000, the above omission of judgment by the court below does not affect the conclusion of the judgment.

In addition, pursuant 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 defendant violated the fundamental contents of the principle of balance of crime and the principle of responsibility in the determination of sentencing is not a legitimate

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