사기
The defendant's appeal is dismissed.
1. In light of the following: (a) the summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) recognizes and reflects the error of the defendant; (b) deposit KRW 10 million for the victim; and (c) fraud for which the judgment has become final and conclusive with respect to the crime of this case and the defendant should be considered at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act; and (d) the sentence of the court below that sentenced one year to imprisonment is too unreasonable
2. The crime of this case, even if the Defendant borrowed money from the victim, was thought to be used for the repayment of personal debt without using it as repayment of collateral security debt or transfer expenses of ownership, etc., the Defendant may pay KRW 150 million to the victim within three months if he/she lent KRW 100 million to the victim as repayment of collateral security debt and transfer expenses of ownership.
If it is not repaid within three months, provisional registration of the right to claim the transfer of ownership is made in the name of the victim.
In light of the circumstances alleged in the grounds of appeal that the court below had already reflected in sentencing, and there is no special change of circumstances that can be considered in the first instance court, including the defendant's age, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is too excessive and it is not deemed unfair, and thus, it is not deemed unfair. The above argument is without merit.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.