사기
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal by the Defendant and the defense counsel (e.g., the Defendant’s mistake), and the fact that the amount acquired by the defrauded C was invested in the business related to horse racing and did not have substantial benefits from each of the instant crimes, the health of the Defendant is not good, the economic situation is difficult, the damage recovery was partially conducted, and there was no history of punishment heavier than the suspended sentence, the lower court’s sentence that sentenced the Defendant for eight months is too unreasonable.
2. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and the environment, even if considering the circumstances alleged in the grounds for appeal, the lower court’s punishment is too unreasonable, and thus, cannot be said to be too unreasonable, even if it is considered in light of the circumstances alleged in the grounds for appeal. The above assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.