사기
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant are that the defendant did not have any record of punishment for the same kind of crime, and that the defendant seems to have committed the crime of this case due to the economic situation at the time, and that his mistake is repented and reflected.
However, the Defendant had a record of being punished for suspended execution due to other crimes, and when the Defendant, who had been engaged in alcoholic beverage business at the time of the instant crime, borrowed money exceeding KRW 50 million from the victim using trust relationship with the victim C, who is a customer, and was unable to fully repay the money, the Defendant’s act of importing and selling foreign alcoholic beverages would have obtained money from the victim as if he were imported and sold it, and the crime is not good ( particularly, the Defendant paid KRW 90 million to L during the process of the instant investigation from the date of the trial to the date of the trial, and it is difficult to view that L was unable to carry on the instant business due to the extreme wind, and it is difficult to view that the Defendant paid KRW 90 million to L who was unable to know his personal information, and there is no other data to verify this fact. Rather, according to the record of the instant case, the Defendant’s act of collecting the Defendant’s obligation to pay the amount of damages to the Defendant’s previous one’s own own account, and it is not reasonable to deem that the Defendant’s losses incurred due to the amount of the Defendant’s punishment.