사기
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected, that the defendant did not have any record of punishment for the same kind of crime, and that the economic situation of the defendant is difficult.
However, even if the Defendant received the payment of the construction price from the victim, the crime of this case was committed by deceiving the victim as if he completed the construction of a newly built multi-household house even though he did not have the intent or ability to complete the construction, and thereby deceiving it from the victim. The amount of damage also exceeds 150,000,000 won, and the Defendant did not make a serious effort to pay for damage and did not reach an agreement between the Defendant and the victim up to the trial, and the fact that the damage was not recovered is disadvantageous to the Defendant.
In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. Thus, 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.