특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.
2. The Defendant, when making a judgment in the appellate trial, recognized the instant crime and is against the law.
The actual gain acquired by the defendant through the crime of this case does not fall short of the amount of fraud recognized as guilty, and some of the remaining installments of the vehicle delivered by the injured party was partially extinguished by paying the victim's joint and several liability.
There is no history that the defendant has been punished beyond a fine.
On the other hand, even though the market price of the vehicle acquired by deception by the defendant by deceiving the victim falls under a large amount of more than 500 million won, the damage to the victim was not restored.
In light of these various circumstances, the sentence imposed by the lower court is lower than the lower limit of the recommended sentence on the sentencing guidelines, and all of the sentencing conditions on the instant argument, including the Defendant’s age, sex, environment, occupation, motive and method of the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence is too unreasonable.
Defendant’s assertion cannot be accepted.
3. The defendant's appeal is dismissed on the ground that it is without merit.