The sentence of the lower court (ten months of imprisonment and two years of probation, probation, and community service order 120 hours) is too unreasonable.

Judgment

In full view of all the factors such as the Defendant’s confession and reply to the instant crime, and the agreement to pay KRW 40 million to the victim from the end of June, 2013 at the lower court, it is recognized that the Defendant agreed to pay KRW 40 million to the victim at the lower court, but the nature of the crime is grave in light of the Criminal Procedure Act and the amount of the defrauded money, etc. Meanwhile, considering all of the factors of sentencing, including the Defendant’s age, character and conduct, environment, criminal records, circumstances after the instant crime, and risk of recidivism, etc., the lower court’s punishment cannot be deemed to be too unreasonable, and thus, the Defendant’s assertion is without merit.

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.