The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part on which the lower court found the Defendant not guilty of the grounds) among the modified facts charged (excluding the part on which the lower court

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intentional breach of trust and the number of

In addition, the argument that the court below erred by misapprehending the legal principles as to mistake of law under Article 16 of the Criminal Act, or by misapprehending the legal principles as to calculation of the amount of profit under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, is not a legitimate ground for appeal since the defendant asserts that there was no ground for appeal or the court below did not consider it as the object of judgment ex officio.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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