특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
The punishment sentenced by the court below (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.
Judgment
There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant and the accomplice paid all the amount of damage and the victim did not want the punishment by mutual consent.
However, in full view of the fact that the amount obtained by the Defendant together with A is not much than the amount, the records of the Defendant’s punishment including the sentence and the suspended execution are several times, and all other sentencing conditions, such as the Defendant’s age, family relation, criminal record, relation, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, as long as the lower court sentenced the maximum sentence within the scope of discretionary mitigation, it is deemed that the sentence is too unreasonable. Thus, the Defendant’s assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.