The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable in maintaining the first instance judgment ordering the Defendant to collect a surcharge of KRW 12,600,000 for the reasons indicated in its reasoning, and it did not err by misapprehending the facts or by misapprehending the legal doctrine as alleged in the grounds of appeal.

In addition, the argument that the lower court erred by misapprehending the legal principles as to the facts charged of this case is not the ground for appeal, or that the lower court did not make ex officio a decision on the facts charged of this case, and thus, it is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Other grounds of appeal by the defendant are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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