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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (five months of imprisonment) is too unreasonable.
2. It is recognized that the Defendant recognized the entire crime of this case as well as reflects his mistake, there is no record of criminal punishment exceeding the fine, and the Defendant’s family members and siblings want to take the Defendant’s seat.
However, the crime of this case is committed by deceiving victims even though the defendant did not have an intention to work as a seafarer, and it is not unfair because of the fact that the crime of this case was committed by deceiving victims by receiving an amount of money equivalent to KRW 25 million in total from victims under the name of the advance payment, in light of the background of the crime, the method of the crime, the degree of damage, etc., not only the victims agree with the victims up to the trial, there is no record of criminal punishment several times due to the same crime, there is no special change of circumstances that may be newly considered after the sentence of the judgment below, and there is no balance of sentencing with the same and similar cases, and other various circumstances that form the conditions for sentencing, such as the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the punishment of the court below is too excessive and it is not unfair.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.
Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.