사기
The defendant's appeal is dismissed.
1. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable when considering various circumstances against the accused in light of the summary of the grounds for appeal.
2. The judgment of the defendant recognized the crime of this case, and there is no criminal record exceeding the same criminal record or fine, and the profits actually acquired by the defendant from the crime of this case do not reach the amount stated in the crime, etc. are favorable circumstances.
However, the crime of this case is a case where the defendant in collusion with B purchased a vehicle from the victim in the form of installment financing with no possibility of repayment, and subsequently sold the vehicle, and thus, it is planned and sealed by the law of acceptance of crime, and even if the amount of damage is the maximum amount up to 35 million won, the damage up to the trial is not recovered. In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including equity in sentencing with other cases similar to this case, the defendant’s age, character, conduct, family environment, etc., the court below’s punishment cannot be deemed to be unfair, and thus, the defendant’s assertion is without merit.
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.