The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts as well as an unreasonable sentencing on the grounds of appeal, but withdrawn the assertion of mistake of facts on the date of the first trial of the original instance and left the ground of unfair sentencing only as the grounds of appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

Furthermore, even after ex officio examination of the judgment of the court below, there is no illegality that may affect the judgment, as alleged by the defendant.

In addition, even though the sum of the amount of damage caused by the instant fraudulent act is only KRW 443,391,506, the argument that the court below's explanation that the total amount of damage caused by the instant fraudulent act reaches KRW 450,000,000 on the grounds of sentencing violates the principle of no accusation, etc. is ultimately an assertion of unfair sentencing. However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is declared. Thus, in this case where a more minor sentence is imposed, the above argument cannot be 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.