사기등
The defendant's appeal is dismissed.
1. The punishment of the court below (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.
2. The judgment is a favorable condition that the defendant recognized all of the crimes of this case and reflected, agreed with the victims, and that the defendant has no criminal record for the same kind of crime.
However, even if the defendant received an advance payment for original raising from the victim corporation D, the crime of this case is a case in which the defendant, without any intent or ability to raise and deliver the original 80 million won by deceiving the above victim, and he stored the original raising fee to be paid to the victim C, and then he wrongfully consumed and embezzled 3769,120 won among them for personal purposes, and the crime is not good in light of the type of crime and the amount of damage, and only 30 million won has been repaid for the victim corporation D, and the damage has not been fully recovered until the trial. In full view of all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, circumstances before and after the crime, etc., the defendant's punishment is too unreasonable. Thus, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.