The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the victim E of fraud (excluding the part not guilty in the grounds of appeal) in the instant facts charged, contrary to the first instance court.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the establishment of fraud beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by violating the principle of court-oriented trial and

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts or misapprehension of legal principles as the grounds of appeal along with unreasonable sentencing, but withdrawn the allegation of mistake of facts or misapprehension of legal principles on the third trial of

In such a case, the argument that the lower court erred by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and by mistake is not a legitimate ground for appeal

In addition, the argument that the judgment of the court below abused discretion in sentencing constitutes the allegation of unfair sentencing.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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