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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.
2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and even though the Defendant repaid KRW 3 million to the victim in the trial, the Defendant’s defense counsel submitted reference materials as of September 14, 2017 and repaid KRW 2 million after the Defendant was sentenced to the lower judgment.
Claimant, the Defendant submitted a certificate of confirmation of the request for transfer to another person with the supporting material, one copy of the transaction statement, and one copy of the transaction statement. On December 13, 2017, the Defendant paid the additional KRW 3 million in addition to the application for extension of the due date.
In support of the assertion, two copies of confirmation request for transfer of other transfers and one copy of the specification of transactions were submitted with the supporting material. Among the supporting material attached to the application for extension of the due date for the decision of December 13, 2017, one copy of confirmation request for transfer of other transfers and one copy of the specification of transactions are the same as the supporting material submitted on September 14, 2017.
Therefore, the defendant satisfied more than three million won after the original sentence was rendered by the court below.
there is no evidence to see;
On the other hand, considering the fact that the amount of damage in this case reaches KRW 27.5 million, the lower court’s punishment is too unreasonable even if considering the circumstances asserted by the Defendant on the grounds of appeal, including the above circumstances.
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.