사기등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.
2. The circumstances are favorable for the following: (a) the Defendant recognized all of the instant crimes and reflects the fact that the Defendant was punished for the same kind of crime; and (b) there was no record of being sentenced to suspension of qualification or heavier punishment; and (c)
However, the amount of damage caused by each of the crimes of this case is a large amount of damage, but the defendant did not receive an accusation from the victim, and a considerable amount of damage was not achieved (the defendant paid KRW 71 million to the victim in the court of the case. The defendant and the victim continued monetary transactions since 2003, and the defendant bears a large amount of liability against the victim in addition to the amount of damage caused by each of the crimes of this case (the defendant acknowledged the fact that the prosecutorial investigation conducted on August 16, 2017, the defendant's liability against the victim amounted to KRW 910 million). The above KRW 71 million paid to the victim in the part of the victim of this case cannot be concluded to have been repaid the amount of damage caused by each of the crimes of this case.), other unfavorable circumstances such as the defendant's age, health status, sex behavior, environment, circumstance of the crime, etc., and the records after the crime are considered to be unfair and reasonable. Thus, the defendant's assertion of sentencing is unreasonable and unreasonable.
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.