사기
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. It is recognized that there is a family member who the defendant should support, and that the defendant returned approximately KRW 24.3 million to the victim.
However, each fraud committed by the defendant is considered as a planned crime by conclusive intention, and it is not good to commit such crime.
The defendant acquired a large amount of money from the victim G who had personal trust relationship.
In light of the overall details of financial transactions between the Defendant and the victim G, the victim G’s statement, etc., it is difficult to view that the above money returned to the victim G is for recovery of damage, and the Defendant did not agree with the victims to withdraw from the trial.
The accused has criminal records of a series of offenses, including criminal records for the same kind of crime.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.