A. The Prosecutor’s sentence sentenced by the lower court (one year and six months of imprisonment) is too unhued and unreasonable.

B. The defendant or his defense counsel failed to submit a written reason for appeal within the period for submitting the written reason for appeal, and no reason for appeal shall be indicated in the petition of appeal.

2. Determination

A. The crime of this case, which judged the prosecutor’s appeal, is a planned crime prepared in advance, the damage has not been recovered, and the defendant has the record of punishment for fraud two times or more, etc. are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake; (b) the Defendant is aged and against the health of the Defendant; (c) the amount distributed by the Defendant for the instant crime is 15 million won; (d) the amount distributed by the Defendant to the Defendant is a minor person; and (e) the relationship with family members is relatively good; and (e) the Defendant’s age, sex, environment, motive and consequence of the instant crime; and (e) other various circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unabrupted and unfair.

The prosecutor's assertion is without merit.

B. The Defendant filed an appeal against the lower judgment on December 18, 2015. However, even after being notified of the receipt of the record of trial on January 7, 2016 by this court, the Defendant failed to submit a statement of reasons for appeal within 20 days from the receipt of the notice of receipt of the record of trial (the Defendant submitted a document of appointment of counsel on January 20, 2016, after receiving the notice of receipt of the record of trial, but the period for submission of the statement of reasons for appeal is calculated from the date on which the Defendant was notified (see Supreme Court Decision 96Do166, Sept. 6, 1996, etc.). In the petition of appeal, the period for submission of the statement of reasons for appeal is calculated from the date on which the Defendant was notified (see Supreme Court Decision 96Do166, Sept. 6, 196, etc.).