A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said sentence.

The circumstances cited by the defendant and the prosecutor on the grounds of appeal are already factors that have sufficiently taken into account while determining the punishment in the original trial. There is no change in the conditions of sentencing on the grounds that there is no reason to newly consider in the appellate trial.

Specifically, the defendant recognized all of his errors, against himself, and some of the crimes were attempted.

The defendant still has no record of criminal punishment, and due to economic circumstances, the defendant seems to have committed a crime.

On the other hand, singishing fraud is very serious social harm and is a crime committed by many people on an organized basis.