The appeal is dismissed.

The grounds of appeal are examined.

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 has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In this case where a more minor sentence is imposed against the Defendant, the Defendant’s ground of appeal, which misleads the Defendant as to the facts violating the rules of experience and evidence and misleads the legal principles on fraud, is merely disputing the lower court’s determination of the choice and probative value of evidence or finding facts based on such determination, and thus does not constitute a legitimate ground of appeal as prescribed by the above provision.

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