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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 (one year of imprisonment) is too unreasonable.
2. The fact that the judgment defendant returned 14 million won to the victim out of the money that the defendant acquired by deceit, the defendant did not have the same criminal record of fraud, and the defendant committed the crime of this case in the appellate trial, which is favorable to the fact that the defendant was aware of and against the mistake.
However, in light of the fact that the amount of damage caused by the instant crime exceeds KRW 97.74 million, and even if so far, it is disadvantageous that the damage has not been properly recovered except the above KRW 14,00,000 so far, the court below’s punishment is too unreasonable, taking into account the following facts: (a) there is no special change in circumstances that may otherwise determine the sentencing conditions in the records, such as Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (b) circumstances after the crime, etc.,
Therefore, the defendant's above assertion is without merit.
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.