사기등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The lower court did not change the circumstances to the extent that the sentence should be mitigated for the first time in light of all the following circumstances.
In addition, if various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, and the environment, are considered, the sentence of the court below cannot be deemed unfair because it is too unreasonable (the defendant's defense counsel submitted reference materials to the effect that additional damage not considered at the court below on May 16, 2016 had been repaid, but it is difficult to reduce punishment at the court below in light of such amount or the attitude of the victims). Although the defendant did not have the criminal history exceeding a fine, the records of punishment for the same kind of crime are only one time.
The sum of the instant fraud and embezzlement damages to KRW 110,000,000, or most of the damages have not been recovered.
In particular, the victim F submitted the written agreement at the court below, but the fact that the amount received from the defendant was 3.5 million won out of the total damage amount of 75.3 million won, and submitted to the court below the written statement that the defendant would cancel the agreement and apply for punishment against the defendant as he did not perform the agreed terms at the time of the agreement. The defendant also recognized that the amount actually delivered to the above victim on the date of the decision of the court below was 3.5 million won.
The defendant acknowledges and reflects his wrongness.
3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.