Defendant

The appeal is dismissed.

1. The summary of the grounds for appeal (unfair punishment) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of criminal punishment other than that subject to punishment once by a fine; (c) the Defendant deposited 3 million won for the victim at the time of the trial; (d) the Defendant’s health is not good; (c) the Defendant’s child and his/her wife wanted to take the Defendant’s wife against the Defendant.

However, in full view of the fact that the amount obtained by the Defendant was less than 48,90,00 won, the liability for the crime was not less than that of the Defendant, the victim did not agree with the victim, the amount of damage was less than that of the Defendant, the most of the damage was not repaid, all of the sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court on each of the crimes of this case, the range of punishment according to the sentencing guidelines of the Sentencing Committee of the Supreme Court on the crime of fraud, the types of fraud 1 (less than KRW 100,00), the determination of the recommended area, the scope of recommendation sentence (basic area), and the scope of recommendation sentence (6 to 16 months) are too unreasonable.

3. As the Defendant’s appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Pursuant to Article 25(1) of the Rules on Criminal Procedure, the date and time of No. 6 of the lower judgment’s list of crimes shall be changed from “ July 25, 2007” to “ July 25, 2014” to “No. 92 of the evidence record.”