사기
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one year and two months, which the court below decided against the defendant, is too unreasonable.
2. In full view of ① favorable circumstances, the lower court sentenced the same sentence as Paragraph 1. of the above 1, comprehensively taking into account the following: (a) the Defendant did not have any record of punishment exceeding a fine; and (b) the amount obtained by defraudation in unfavorable circumstances; and (c) the amount of damage
In full view of the above various circumstances and other reasons for sentencing specified in the arguments and records, the lower court’s sentencing seems to have been appropriately determined by fully considering the various reasons for sentencing alleged by the Defendant.
Meanwhile, in light of the fact that the victim’s dividends amount to a total of KRW 400,000,000 and the amount of the victim’s dividends was less than the total amount of damage, even if considering such additional circumstances, it does not seem that the change of circumstances to the extent that the lower court’s punishment would be changed, and there is no special circumstance to the extent that the above punishment would be changed.
In the end, the defendant's argument of sentencing is not acceptable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.