사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable because the sentence (2 million won penalty) imposed by the court below on the defendant is too unreasonable.
2. The fact that the Defendant first committed the instant crime and all of the instant crimes are recognized, and the fact that some of the amount was paid to the victim as interest is favorable to the Defendant.
However, the defendant borrowed the instant money as business funds without a specific plan for the promotion of the project, and all of them were raised as living expenses, and the damage was recovered to the trial.
There are no circumstances to see that it is disadvantageous.
In the instant case where there is no change in circumstances that could change the sentence of the lower court, including the above circumstances, and there is no special reason to change the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions as indicated in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the lower court is too excessive and is in excess of the scope of reasonable discretion, even considering all the circumstances asserted by the Defendant.
subsection (b) of this section.
Therefore, the defendant's assertion is not accepted.
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.