The appeal is dismissed.

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is legitimate for the lower court to collect KRW 5,000,000 from the Defendant for reasons stated in its reasoning.

The lower court did not err by misapprehending the legal doctrine regarding collection, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or omitting judgment.

On the other hand, the argument that the judgment of the court below did not properly examine the circumstances that are conditions for sentencing, and that the court below erred by exceeding the limit of the principle of balanced criminal punishment and the principle of responsibility constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In addition, the argument that the sentencing date is delayed does not constitute a legitimate ground of appeal as stipulated in 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.