사기
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the part of the lower court’s punishment (limited to imprisonment for eight months, two years of suspended sentence, two years of community service, 120 hours of additional collection, 20 million won of additional collection) and in particular, is too unreasonable;
2. Determination
A. It is recognized that the Defendant’s fraud crime that was denied by the lower court is both the time and reflects, and that there is no same criminal record.
B. However, even though the Defendant did not have the intent or ability to obtain permission for mountainous district conversion, by deceiving a victim with an item of security, and at the same time taking money into consideration as solicitation for public officials. This does not mean that the sentence of the lower court is too unreasonable in light of the following: (a) as it damages the fairness in the execution of public duties and the social trust in the purchase of property; (b) the damage to the victim is not recovered; (c) the money and valuables or benefits received in the name of solicitation shall be confiscated or collected as necessary pursuant to Article 116 of the Attorney-at-Law Act; (d) there are no special circumstances or changes in circumstances that may be newly considered after the issuance of the lower judgment; and (e) the Defendant’s age, character and character, environment, motive and circumstances leading to the instant crime; (e) the circumstances before and after the instant crime; and (e) other various sentencing conditions specified in the argument
C. Therefore, the defendant's above 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.