사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too heavy (one year and six months of imprisonment) of the lower court;
2. The fact that the Defendant made a confession of all the crimes of this case, the fact that the Defendant did not have any record of criminal punishment for the same crime, and that the Defendant agreed with the victim N is an element of sentencing favorable to the Defendant.
However, the crime of this case is punishable by deceiving about 350 million won from a large number of victims; the crime of this case is of significant nature; the defendant committed the crime of this case and left Japan to escape life for about 10 years; the scope of recommendation according to the sentencing guidelines of the Supreme Court is from 1 to 4 years in imprisonment (decision of punishment). (In order to constitute a case where punishment is not imposed as a special mitigation factor or where damage is recovered from a considerable part of damage, 2/3 or more of the total damage amount must be recovered from all victims or 2/3 or more of the total damage amount. Thus, it cannot be deemed that the agreement with the victim N constitutes a case where punishment is not imposed or damage is recovered from a considerable part of the total damage amount.) [The scope of recommendation punishment] imprisonment with prison labor for 1 year to 4 years, etc., and the scope of recommendation punishment according to the sentencing guidelines of this case is determined within the proper scope of punishment sentenced by the court below.
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.