사기
The defendant's appeal is dismissed.
1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment with labor for 10 months), the punishment sentenced by the court below is too unreasonable.
2. It is recognized that the decision-making defendant shows the appearance of acknowledging and opposing the crime of this case.
However, the crime of this case was committed by the Defendant in collusion with the victim D by receiving KRW 35 million in total from the victim when it is necessary to take over the factory. The crime of this case was committed by the Defendant with an accomplice in advance, and the nature of the crime is not good. Although the amount of damage was used in a total amount of KRW 35 million and most of the money acquired by the Defendant, the Defendant did not make every effort to recover damage, such as deposit of a small amount of money or horse until now. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the lower court’s punishment is not too appropriate and unreasonable. Thus, the Defendant’s above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.