2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said sentence.

The circumstances cited by the defendant on the grounds of appeal are elements that have already been determined by the court below as well as sufficiently taken into account, and there is no circumstance that can be specially considered in the trial of the party, and there is no change in the conditions of sentencing.

Specifically, the defendant recognized all of his errors, against himself, and had no record of being punished for the same kind of crime before this case.

Although the total amount of damage is not sufficient, there seems to be a fact that the victim partially repaid the amount (the defendant paid KRW 1 million).

The victim argued that approximately KRW 340,000 was paid only by the victim.

However, the Defendant, by taking advantage of the personal trust relationship with the victim who was in a relationship with the victim, acquired the amount of approximately KRW 57 million through a considerable period of time, and filed a complaint in the form of fraud.