사기
The defendant's appeal is dismissed.
1. Taking into account the circumstances such as the fact that the Defendant committed the instant crime due to economic difficulties, the fact that the victim paid the sum of KRW 8.93,00 to the victim as interest, and the fact that the instant crime is concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment (eight months of imprisonment) imposed by the lower court is too unreasonable.
2. Taking into account the circumstances asserted by the Defendant, considering the fact that the amount of fraud of this case was 99,200,000 won, the damage recovery was not made to the original trial, and other various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and it is not deemed unreasonable because it is excessively unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.