The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of fraud among the facts charged in the instant case on the grounds indicated in its reasoning.

In so doing, 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 willful negligence or joint principal offenders.

The assertion that the lower court erred by misapprehending the legal doctrine as to mistake of facts is not a legitimate ground for appeal, which is alleged by the Defendant as the ground for appeal or by the lower court as the subject of judgment ex officio.

In addition, the argument that the court below erred by misunderstanding the facts concerning sentencing conditions, such as previous convictions, and by misunderstanding the legal principles concerning sentencing is ultimately an unfair argument for sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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