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The defendant's appeal is dismissed.
Reasons
1. In light of the gist of the grounds for appeal by the Defendant and the defense counsel (e.g., the Defendant’s mistake) and the fact that there are no substantial benefits from each of the instant crimes, partial recovery of damage was made, and continuing efforts to recover damage, the sentence of the lower court sentenced to one year of imprisonment is too unreasonable.
2. In light of the following factors: (a) the amount obtained by the Defendant from the victim exceeds KRW 150 million; (b) the Defendant did not recover from damage up to the trial; (c) the Defendant was sentenced to imprisonment with prison labor at the Suwon District Court on June 30, 2004; and (d) the Defendant could have the record of criminal punishment for the same crime; and (c) other factors prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the motive and background of each of the instant crimes; (d) the circumstances before and after the instant crimes; and (e) the Defendant’s character and conduct, and the environment, etc. as indicated in the instant records and arguments, even if considering the circumstances alleged in the grounds for appeal, the lower court’s punishment cannot be deemed to be too unreasonable, and thus,
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.