사기등
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court on the summary of the grounds of appeal (a prison term of one year and six months, a suspended sentence of two years, and a community service order of 120 hours) is too unreasonable.
2. The circumstances are favorable for the following: (a) the Defendant recognized that all of the instant crimes were committed; (b) the Defendant reflects the mistake; (c) the Defendant did not have any record of crime exceeding the fine imposed on the Defendant; (d) the Defendant repaid a considerable portion of the amount of damage inflicted on the victim at the lower court; and (e) the Defendant did not want to be punished; (e) the Defendant was detained for one month due to the instant case; and (e) the domestic record
However, the crime of fraud of this case is committed by the Defendant by abusing that the Defendant was a new person due to the existing transaction relationship with the victim, and the crime is not good in light of the method and content of the crime, and the amount of fraud is large to KRW 438.56 million, and the damage is not completely recovered, and there is a record of punishment for the crime of violating the Grain Management Act.
Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.