The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant asserted a mistake of facts that he did not have any criminal intent to obtain fraud in the statement of grounds for appeal, and the court below stated the above grounds for appeal on the first trial date of the court below and did not clearly withdraw the above grounds for appeal, but the court below deemed only the defendant's grounds for appeal as the grounds for unfair sentencing, and dismissed the defendant's appeal without making a decision on the rejection of the

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, so the omission of the judgment by the lower court cannot be deemed to affect the judgment.

Meanwhile, under 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 is unreasonable

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