사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.
2. Determination
A. It is recognized that the Defendant made a confession of the instant crime and made it against the Defendant, etc. in the first instance.
B. However, in full view of the following circumstances: (a) the Defendant had a history of punishing the Defendant for the suspension of execution two times in the same crime; (b) the amount of damage was a significant amount of KRW 11 million; (c) the victim was not agreed upon; and (d) the damage was not recovered at all; and (e) the Defendant’s age, details of the crime, and circumstances after the crime, etc. are considered favorable to the Defendant, even if the lower court’s punishment is too unreasonable, considering the aforementioned circumstances favorable to the Defendant.
Therefore, the defendant's above assertion 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.