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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of six months, the suspension of execution of two years, and the community service order of 40 hours) is too unreasonable.
2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes; (b) the Defendant reflects the mistake; (c) the damage of the Victim Samsung Card Co., Ltd is deemed to have been considerably recovered by the complainant G; (d) the Defendant agreed with the said G solely with the actual injured party; (e) the Defendant is under economic difficult circumstances as a recipient of basic living; and (e) the Defendant was conducting kneeless surgery and
However, the crime of this case is committed by deceiving money equivalent to the price of goods after deducting fees by in collusion with accomplices for the purpose of financing money, and the crime of this case is very poor in light of the details and methods of the crime.
In addition, there is a history that one defendant has been punished for a fine once due to the same crime of fraud, and there is a history of punishment several times due to the crime of this kind, which is disadvantageous to the defendant.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
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.