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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s sentencing (a fine of 1.5 million won) is too unreasonable.
However, there are conditions favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, and that the health is not good due to chronic alcohol addiction, etc.
However, in light of all the circumstances that form the conditions for the sentencing of the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the lower court cannot be deemed unfair because it is too unreasonable, considering the following factors: (a) the Defendant stolen one check card of the victim; (b) the Defendant acquired pecuniary benefits equivalent to KRW 2,753,300 in total using it over 15 times; and (c) the damage of the victim was not recovered; (d) the lower court sentenced to a mitigated sentence than the fine amount of the summary order (2 million won) and the favorable circumstances of the Defendant were considered; and (e) the Defendant was punished several times in fraud; and (e) the Defendant’s age, character and conduct, motive, means
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.