The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

However, the defendant has been punished several times for the same crime such as theft and fraud.

The crime of this case also committed during the period of repeated crime, which is only one year after the defendant was sentenced to imprisonment with prison labor due to fraud, etc. and was released from prison.

The damage caused by the instant crime was not recovered.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime committed by the defendant as shown in the arguments of the court below and the party hearing, the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Therefore, 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