사기
The defendant's appeal is dismissed.
1. The sentence of the lower court (10 months of imprisonment, 2 years of suspended execution, and 200 hours of community service order) on the summary of the grounds of appeal is too unreasonable.
2. The Defendant recognized the instant crime and opposed to the mistake.
The defendant deposited KRW 20 million with the victim of this case as the principal.
However, the amount of damage caused by the instant crime is at least KRW 30 million.
The injured party of this case is punished by the defendant.
The judgment below
There is no change in circumstances that will be considered in sentencing after the sentence.
In addition, when considering all of the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too 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.