The appeal is dismissed.

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below determined that the defendant violated the rules of evidence and did not render an additional collection decision, although it clearly recognizes the fact that the defendant's gains from the crime of this case amount to 40,800,000 won, according to the evidence submitted by the prosecutor.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the exclusive authority of the court below or asserts misunderstanding of legal principles on the premise of facts different from

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