The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on deception in fraud, relation between deception and disposal, and intent to commit fraud.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment 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.