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 is justifiable to have found the victim I guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and of fraud against the victim J, among the facts charged in the instant case on the grounds as stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the elements for establishment of fraud and the amount of benefits under the Act on the Aggravated Punishment

In addition, even if the record is examined, there is no illegality as alleged in the grounds of appeal in the trial procedure by the court below.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is granted, an appeal may be filed on the grounds of unfair sentencing.

The argument that the lower court erred by failing to apply Article 232 of the Criminal Procedure Act, and that the lower court erred by omitting legal mitigation in the lower court’s judgment is unfair, or that the lower court did not properly examine or take into account the circumstances that constitute the sentencing conditions for the Defendant, and ultimately does not constitute an unfair allegation of sentencing, and thus does not constitute 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.