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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. Determination
A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
As to the instant case, there is no change in the sentencing conditions compared with the original judgment, and the damage was not recovered even though the amount of damage caused by the fraudulent crime was a large amount of KRW 56.5 million, and the victim did not reach an agreement with the victim, in full view of the factors revealed in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, the lower court’s sentencing was too too large, and thus, the Defendant’s 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 ground that it is without merit. It is so decided as per Disposition.