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The defendant's appeal is dismissed.
Reasons
1. The sentence of imprisonment with prison labor (one year and four months) by the lower court is too unreasonable;
2. Although the Defendant appears to be contrary to the recognition of the crime of this case, in light of all the sentencing conditions in the records of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the sentence of the lower court against the Defendant is too unreasonable, in light of the following: (a) the sum of the amount of fraud of this case exceeds 100 million won; (b) the victims’ damage has not been recovered; (c) the Defendant committed two times the previous and the previous sentence was committed twice; and (d) the previous and the previous sentence was committed one time; and (e) the Defendant’s age, character and behavior, environment
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
As to the part of the facts charged that the Defendant: (a) told K and L to operate a 50 million won foot, the Defendant alleged that K and L had not told K and L to operate a 50 million won foot; and (b) provided that he only operated a 5 million won mold; (c) however, considering the fact that K, L’s complaint, police statement to K, and the amount of money paid to the Defendant (it does not conform to the empirical rule that 3.9 million won is paid in the limit of 5 million won mold), the Defendant’s above assertion is without merit.