사기
The defendant's appeal is dismissed.
1. The summary of the reasoning of the appeal is too heavy for the punishment of the lower court (two years of suspended sentence for ten months of imprisonment).
2. In light of the judgment, there are favorable reasons for sentencing, such as the fact that the defendant is against himself, that some of the circumstances are to be considered, that the defendant recognizes civil liability, and that there is no criminal record. However, even though the amount of damage is equivalent to KRW 90 million, it is not agreed with the victim or that the damage is not recovered, the defendant denies the criminal intent of defraudation, but it is recognized that the fact of acquisition of criminal intent, deception, and pecuniary gain has been acquired, as appropriately determined by the court below. Therefore, this argument is without merit.
In full view of the reasons for unfavorable sentencing, the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing indicated in the records and arguments of this case, the judgment of the court below is judged to be appropriate, and there is no change in the circumstances to be considered in the trial of the party concerned, and the Defendant’s assertion
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.