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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational embezzlement among the facts charged in this case on the grounds as stated in its reasoning, and contrary to what is alleged in the ground of appeal, there is no error of misapprehending the legal principles or misunderstanding facts beyond
On the other hand, there is an error of misunderstanding of facts or misunderstanding of legal principles concerning sentencing.
The argument to the effect that the sentence or punishment is unfair is ultimately an allegation of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentencing of the sentence is unfair is unfair 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.