2. The appellate court may ex officio decide on the grounds that affect the judgment, even where the grounds for appeal are not included in the grounds for appeal. Thus, in a case where the defendant appealed on the grounds of mistake of facts only, the appellate court may ex officio reverse the judgment of the first instance on the grounds of unfair sentencing, and determine a minor sentence than the sentencing of the first instance on the grounds of unfair sentencing (see, e.g., Supreme Court Decision 90Do1021, Sept. 11, 190), and ex officio decide on the sentencing

The defendant does not want the punishment of the defendant by mutual consent with the victim.

The Defendant recognized each of the crimes in this case, and appeared to have committed a mistake.

The defendant is aged 71.

However, the amount of the fraud of this case is not less than 3 million won.

Considering the legislative intent of the Act on the Registration of Credit Business, etc., Protection of Finance Users and Stabilization of Economic Life, and Protection of Finance Users, it is necessary to strictly punish Defendant.

The Defendant has a history of criminal punishment for eight times (one time of actual punishment, seven times of fines). Of them, two times (one time of actual punishment, and one time of fines) are the same as the instant fraud crime, and one time of a fine is the same as the offense of violation of the Registration of Credit Business, etc. and Protection of Financial Users Act.

In addition, even if the defendant's career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and result of the crime, etc. are added to all the sentencing factors as shown in the records and arguments, the sentencing conditions of the court below against the defendant have been changed in the trial.