The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment that maintained the first instance judgment ordering the Defendant to collect a surcharge of KRW 285,820,000 against the Defendant, contrary to what is alleged in the ground of appeal, by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on the calculation of the surcharge

The argument that the lower court’s judgment’s failure to deliberate on the sentencing conditions constitutes an unfair sentencing argument.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against 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.