사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended execution, and 160 hours of community service) of the lower court against the Defendant is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) there is no new circumstance to consider sentencing after the sentence of the lower judgment; and (b) in particular, the crime of this case is committed by deceiving the victim to have employed the victim and the nature of the crime is not very good; and (c) other sentencing conditions as indicated in the arguments, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions as indicated in the arguments, including the circumstances after the crime was committed, the sentence imposed by the lower court is too unreasonable even if the Defendant considered the circumstances where the Defendant paid the principal
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.