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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.
There are conditions favorable to the defendant, such as recognizing and reflecting misjudgments on the market, elderly and lack of good health.
However, considering all circumstances that serve as the condition for sentencing in the instant case, such as the fact that the amount of damage caused by the instant crime has reached KRW 36 million and has not been recovered from the damage, and the fact that the Defendant committed the instant crime during the period of the suspension of the execution of imprisonment with prison labor in the Seocho District Court’s territorial branch on December 15, 201 after being sentenced to the suspension of the execution of the said punishment for fraud (this Court 201No442), the lower court’s sentencing cannot be deemed to be unfair, even in light of the foregoing fraud for which the judgment was made on July 26, 2012 and the equity between the case where the instant crime is adjudicated at the same time.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.