2. The Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on November 1, 2018 and the judgment at the appellate court of this case became final and conclusive on January 4, 2019, but the above crime of fraud was committed before the judgment sentenced to six months of imprisonment and the suspension of execution for a violation of the Military Service Act (Supreme Court Decision 2013Dadan997 Decided April 18, 2013) becomes final and conclusive on April 26, 2013, and thus, the relationship between the above fraud and each of the instant crimes cannot be established as a concurrent crime under the latter part of Article 37 of the Criminal Act.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, although the victims and their family members, etc. were presented a written application seeking the preference against the Defendant based on the foregoing legal doctrine, this does not constitute a special change in circumstances that could change the sentence of the lower court, and no other new sentencing data was submitted, and thus there is no change in the sentencing conditions compared with the lower court. In full view of the sentencing reasons revealed in the argument process of the instant case, the lower court’s sentencing is too unreasonable beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.