The punishment of the court below (five months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognizes his mistake, the total amount of the defraudedation is not a large amount of 1,80,000 won, etc. are favorable factors for sentencing.

However, considering the following factors: (a) there has been 13 different criminal records, including the Defendant’s punishment, and the Defendant committed the instant crime without being aware of the fact that the Defendant was in the period of the suspension of execution due to the same crime; and (b) the fact that no damage has yet been restored to the original judgment; and (c) there is no change in circumstances that would have different from the original judgment; (d) the circumstances leading up to the instant crime; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (general fraud Type 1 (less than KRW 100: 6 months to 100: 6 months of imprisonment); and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee, comprehensively taking into account the circumstances leading up to the instant crime; (b)

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.