사기등
The defendant's appeal is dismissed.
1. Determination of the main sentence of the grounds for appeal is unreasonable;
2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (from August to April).
It is difficult to reject the defendant's assertion that the defendant had used the money received from the victim for the purpose of purchasing commercial buildings, taking into account the amount of fraud damage, the amount of damage not recovered, the circumstances after the crime, etc.
The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.
Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.
3. The appeal by the defendant is without merit.
The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.
(The provision of Article 327 of the Criminal Act in the applicable law of the original trial decision and the provision of the choice of punishment for a crime in the application of the law of the original trial is clear that it erred in the entry of Articles 327 and 30 of the Criminal Procedure Act. Thus, ex officio correction is made in accordance with Article 25(1)